31 results for 'judge:"Gladwin"'.
J. Gladwin finds the circuit court properly granted the easement in favor of the industrial board. The property owner installed a gate across a roadway that had been used by the owner as well as the board to access its own aggregate materials property for more than 30 years. The board has no other means of access, with no adequate remedy of law, and will suffer irreparable harm as a result of the owner's installing the gate. The owner had been properly served and is not entitled to relief. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: May 1, 2024, Case #: CV-23-356, Categories: Property, Tort
J. Gladwin dismisses the farm’s appeal of the circuit court’s denial of its petition to discharge the excavator’s lien. The excavator filed the lien for $671,000 for nonpayment after the farm sold its property during a construction project it contracted for with the excavator. The excavator gave proper notice and the court correctly denied discharge of the lien, retaining jurisdiction. The farm filed a notice of interlocutory appeal and a motion to reconsider on the same day. The circuit court did not issue a ruling on the motion to reconsider. The appeals court has no jurisdiction for lack of a final order.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 24, 2024, Case #: CV-22-608, Categories: Construction, Jurisdiction, Contract
J. Gladwin finds the circuit court improperly denied the assignee of the vehicle purchase contract's motion to compel arbitration. The purchaser defaulted on payment and the assignee repossessed the vehicle. The purchaser sought class certification for deceptive trade practices claims arising from the assignee's requiring her to pay repossession report fees to law enforcement agencies. The arbitration agreement is valid and enforceable under the Automotive Dealer's Anti-Coercion Act, satisfying the mutuality-of-obligations element of a binding contract. The assignee did not waive its right to demand arbitration in the purported class action by filing a separate action for a deficiency judgment. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 24, 2024, Case #: CV-22-756, Categories: Arbitration, Debt Collection, Contract
J. Gladwin finds the circuit court properly revoked defendant's probation, sentencing her to 120 months in prison. Defendant previously pleaded guilty to charges of robbery and theft of property, receiving 10 years of probation. Later, defendant, thinking her boyfriend was cheating on her, confronted him in the front yard of the other woman's home, attacking him with a knife. Detective interview video shows defendant admitting to having a knife, which supports the revocation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 17, 2024, Case #: CR-23-652, Categories: Probation, Assault, Weapons
J. Gladwin finds the county improperly adopted an ordinance denying the miner's request for a conditional use permit for surface mining. The more than 7,000-page record, including non-bookmarked exhibits, is unclear as to what pleading or other portion of the record the exhibits are related. The case is remanded to correct the record.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 27, 2024, Case #: CV-21-282, Categories: Energy, Licensing, Municipal Law
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J. Gladwin finds the county court properly found the parties had a valid and enforceable marriage. After the husband's hospitalization for Covid-19, he returned home to find money in a bank account he had entrusted to his wife was gone. He filed for divorce and the wife denied the parties had been married. Evidence shows the parties held themselves out to the community at large as a married couple. The presumption of a lawful marriage exists when a couple who have lived together for a considerable time and hold each other out to the public as husband and wife. The property division is based on sufficient evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 27, 2024, Case #: CV-23-127, Categories: Evidence, Family Law, Contract
J. Gladwin finds the circuit court properly entered summary judgment in favor of the property owner who removed a boundary fence. The owner removed a fence that existed before the involved owners had purchased their properties, and a survey revealed the property boundary was beyond the fence. The other property owner filed a petition for ejectment, injunction and to quiet title after the fence was moved. This owner has shown no admissible evidence creating a material fact in question regarding both owners' mutual recognition of the original fence as a boundary. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 13, 2024, Case #: CV-22-557, Categories: Evidence, Property, Injunction
J. Gladwin finds the trial court properly convicted defendant for murder, kidnapping and firearm possession. After defendant and an accomplice were released on bond pending trial for drug charges, defendant was caught on surveillance video trading firearms with another party. Witnesses testified that defendant was involved in a heated discussion with the accomplice about who possessed the drugs and what would be testified to at trial. Defendant assaulted the accomplice after another party exacerbated the situation by accusing the accomplice of rape. The accomplice was then forced to get into the trunk of defendant's car before being taken to a remote location. He was later discovered in the burned-out vehicle, having been shot 4 times with a weapon defendant was known to possess. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 6, 2024, Case #: CR-23-407, Categories: Firearms, Murder, Kidnapping
J. Gladwin finds the county court properly denied the eldercare facility's motion to compel arbitration on an estate's claims the mother sustained injuries, infections and an untimely death. The daughter controlling the mother's financial matter's acceptance of the care is not sufficient to constitute implied ratification considering her sister's improper execution of the agreement under the assumption of authority pursuant to her appointment as an alternate agent for power of attorney. There was no valid arbitration agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 28, 2024, Case #: CV-22-400, Categories: Arbitration, Health Care, Contract
J. Gladwin finds the county court properly ruled in favor of the particular estate on claims of unjust enrichment and to quiet title regarding a dispute over the ownership of real property. The other estate says an agreement of ownership was reached by the brothers before their deaths. The appeal turns on the date that a deceased and surviving brother's claims accrued, not the deadline triggered by that accrual. Evidence supports the court’s finding the claims accrued when a widow repudiated her deceased husband’s agreement with his brothers. The claims of those brothers' estate would be considered timely under either deadline. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 21, 2024, Case #: CV-22-405, Categories: Property, Wills / Probate, Due Process
J. Gladwin finds the trial court properly denied the nursing home's motion to compel arbitration. The estate executor attests that admissions paperwork did not contain an arbitration provision, and a separate, voluntary arbitration agreement was sent for her review prior to the deceased party's admission. The executor says that the agreement she reviewed was not the same as the provision incorporated into the admissions agreement, and nothing in the record disputes the executor's sworn statements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 14, 2024, Case #: CV-22-510, Categories: Arbitration, Health Care, Wrongful Death
J. Gladwin finds the circuit court properly denied the nursing home's motion to compel arbitration on a daughter's negligence claims for injuries and the wrongful death of her mother. The mother allegedly sustained injuries from falls, was subject to inaccurate assessments and incurred a UTI. The arbitration agreement lacks mutuality of obligation and, therefore, is not a valid agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 7, 2024, Case #: CV-22-517, Categories: Arbitration, Health Care, Wrongful Death
J. Gladwin finds the trial court properly denied defendant's challenge to the special conditions for sex offender probation. Defendant pleaded guilty to allegations he forced his 11-year-old stepdaughter to undress in front of him and kiss him, and that he watched her while she showered. He says the probation conditions that prevent him from having any relationship with someone who has a minor child are unconstitutional. The conditions bear a direct relationship to preventing re-offense, even being that a stricter standard was applied for review. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 7, 2024, Case #: CR-23-320, Categories: Sentencing, Sex Offender, Child Victims
J. Gladwin finds the trial court properly convicted defendant for first-degree murder, two counts of committing a terroristic act and use of a firearm. Evidence was presented at trial showing defendant and the victim were members of rival gangs, while witnesses confirmed defendant was looking for the victim. Ample evidence, including shell casings and a matching weapon found in defendant's possession supports the conviction. Furthermore, evidence included a video of defendant displaying weapons and reciting rap lyrics referring to killing members of the rival gang. Defense counsel did not object to the court's admitting a written journal because it supported the strategy that the video was art. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 31, 2024, Case #: CR-22-717, Categories: Evidence, Murder, Gangs
J. Gladwin finds the circuit court properly denied the ex-husband's motion for a new trial in a protective order case filed by his ex-wife. She was awarded the marital home after the divorce and has presented evidence that locks on the home had been tampered with, as well as doorbell video evidence of masked intruders outside the home and a menacing funeral balloon that had been sent to her. Evidence of the husband's prior abuse as well as of his gun collection was also shown. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 24, 2024, Case #: CV-23-217, Categories: Evidence, Family Law, Restraining Order
J. Gladwin finds the circuit court properly terminated the mother's parental rights to her child. The child was taken into custody after testing positive for meth and THC at birth. Though the mother was partially compliant with the reunification plan, her failure of certain drug tests resulted in the termination of reunification efforts. The mother cannot show the court improperly denied her request for a continuance. Furthermore, counsel has filed a no-merit brief and his motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 17, 2024, Case #: CV-23-355, Categories: Evidence, Family Law, Guardianship
J. Gladwin finds the circuit court properly revoked defendant's probation for her guilty plea conviction for theft of property. Defendant failed to report for intake and failed to make any payments on her fine or fees and costs. She also failed multiple drug tests. All evidence supports the court's finding that defendant inexcusably violated multiple conditions of her probation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 17, 2024, Case #: CR-23-180, Categories: Drug Offender, Probation, Theft
J. Gladwin finds the trial court properly entered the divorce decree. The marital property is found to have been correctly divided, and, because the husband did not present evidence as to the value of certain jewelry at the final hearing, the court properly used the value shown in earlier financial statements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 10, 2024, Case #: CV-22-466, Categories: Family Law, Property, Contract
J. Gladwin finds the circuit court properly affirmed the commission's denial of the attorneys' application to vacate a mineral rights integration order. The attorneys, who were given a 35 percent interest in the property owners' mineral rights as a contingency fee, argue their predecessors-in-interest were not provided sufficient notice. The order granted the owners of unleased mineral interests a 15-day election period as to whether or not to participate in the well. The attorneys failed to establish that the heirs, who made no election, were not provided proper notice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: December 13, 2023, Case #: CV-21-172, Categories: Property, Wills / Probate, Contract
J. Gladwin finds the circuit court properly sentenced defendant to 10 years in prison on his guilty plea to drug paraphernalia possession, and 40 years for possession with purpose to deliver. Although a sentencing juror said that he had been robbed by "druggies" and was angry with them, he also said he could base his decision on what is presented in court and that he would incline toward the middle of the sentencing guideline. The juror was properly seated after he was found to have been sufficiently rehabilitated. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: November 29, 2023, Case #: CR-22-791, Categories: Drug Offender, Jury
J. Gladwin finds the circuit court properly entered a final order of protection against the husband, accused of verbally threatened to kill his wife, threatening to kill her parents and threatening to ruin his wife’s career. He also spit in her face, punched holes in the wall by her, threw furniture at her, shot a gun above her head during an argument and texted her a photo of himself with the barrel of a rifle in his mouth. All evidence supports the order. The husband was also properly served. His entry of appearance and motion for continuance expressly acknowledged the court’s jurisdiction over both parties, consenting to that jurisdiction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: November 8, 2023, Case #: CV-22-387, Categories: Evidence, Restraining Order, Jurisdiction
J. Gladwin finds the trial court properly terminated the parents’ rights to their minor child. The department exercised emergency custody after the child’s birth due to the mother’s intellectual disability and inability to care for him. Nurses observed the mother telling the child to “shut up” when he cried, refusing to change his diapers and refusing to wake up and feed him at night. She also failed to attend infant-care classes. After both parents were later found to be in compliance with the reunification plan, DHS learned that the father had violated the plan by leaving the child alone with the mother during an unsupervised visit. The child was then found to have a hand-shaped bruise on his thigh. Further evidence supports the best interest finding and the parents’ attorney’s motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: November 1, 2023, Case #: CV-23-138, Categories: Evidence, Family Law, Guardianship
J. Gladwin finds the circuit court properly granted summary judgment to the parents regarding the grandmother’s application for visitation rights. The parents sent the grandmother a message stating that they thought her husband was grooming the child for sex and the grandmother refused to comply with the parents’ requested rules regarding this. Evidence establishes that the grandmother’s relationship with the child would continue if she would cooperate, and she has failed to show that visitation was “altogether denied.” On the grandmother’s cross-appeal requesting reversal of an earlier order for an extension of time for the mother to file the record on appeal, the court of appeals also affirms. Affirmed on direct and cross appeals.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: October 4, 2023, Case #: CV-22-260, Categories: Evidence, Family Law, Guardianship
J. Gladwin dismisses without prejudice the optical products company’s appeal of the circuit court’s denial of its motion for partial summary judgment in this suit brought by its former sales rep alleging the company’s willful failure to pay commissions and unjust enrichment. Nothing in the court’s order serves as a final disposition regarding constitutionality, and it does not prevent the company’s presentation of any defense at trial. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: October 4, 2023, Case #: CV-22-136, Categories: Employment, Contract
J. Gladwin finds that the circuit court improperly ordered that one of the children remain in foster care. Although the dependency-neglect finding is proper as to one of the children since the father committed sexual abuse and the mother took no action to stop it, statute requires that in considering disposition alternatives, the court “shall give preference to the least restrictive disposition consistent with the [child's] best interest.” The court did not make “any findings as to adjudication.” Because the court declined to adjudicate the child dependent-neglect, it cannot jump to the disposition alternative of foster care. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: September 27, 2023, Case #: CV-23-150, Categories: Family Law, Guardianship
J. Gladwin finds the trial court properly found in favor of certain individuals associated with the trucking company in this suit brought by drivers who allegedly suffered serious injuries when their vehicle collided with a tractor-trailer when changing lanes to avoid two other collisions. The drivers failed to offer proof that their injuries were proximately caused by the other motorists’ alleged negligence. Because of conflicting airbag module data, certain aspects of the summary judgment granted in favor of the truck driver and his employer are reversed and remanded. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: September 20, 2023, Case #: CV-20-549, Categories: Tort, Vehicle, Damages
J. Gladwin finds the circuit court properly awarded the parents joint custody of their shared child. The evidence established that the father was able to provide a stable home life during the mother’s prior dependency-neglect process, that he did not contribute to the neglect, that the child enjoyed both homes, that the child’s attorney ad litem declared that the child was attached to both parents and his half siblings on both sides, that the attorney ad litem stated that he believed it was in the child’s best interest to have “as much contact with both parents as … possible”, and that he believed both parents are fit. No clear error is found, and the superior position of circuit court is given deference. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: August 30, 2023, Case #: CV-22-712, Categories: Evidence, Family Law, Guardianship
J. Gladwin finds the circuit court improperly ruled that a mortgage foreclosure was barred by the five-year statute of limitations. A cited case does not conflict with laws surround foreclosure limitations. It addresses only the point at which a foreclosure claim accrues — at the maturity of the debt — and not when the statute of limitations, once the cause of action has accrued, stops running. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: May 31, 2023, Case #: CV-20-508, Categories: Banking / Lending, Foreclosure
J. Gladwin finds the trial court properly convicted defendant for aggravated assault on a family member, domestic battery and endangering the welfare of a minor. Though defendant says he was trying to keep his daughter from leaving the house in the middle of the night, she testified that he, while drunk, came into her room as she was sleeping and started an argument. He began throwing lamps, then choked her. She ran out of the house and he and his dog chased her down. He again choked her as she attempted to flee. Home security video confirmed these events. Defendant claims that an evidence rule was used contrary to jury instruction, but his argument is not preserved for appeal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: May 24, 2023, Case #: CR-22-773, Categories: Assault, Domestic Violence, Jury Instructions