31 results for 'judge:"Abramson "'.
J. Abramson finds the county court properly quieted title to the property in favor of the residents. The property owner filed an unlawful-detainer complaint against the mobile home residents, alleging they had detained possession after he had attempted to gain possession by civil notice. The owner argues the residents failed to establish their curtilage is contiguous to their own property, conceding the contested property and the residents' property are contiguous. This satisfies for adverse possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: May 8, 2024, Case #: CV-22-585, Categories: Evidence, Property
J. Abramson finds the circuit court properly found in favor of the homeowner, who claims the insurer wrongfully denied her fire-damage claim for her not residing in the house at the time of the fire. The applicability of the policy's residency requirement to the ���residence premises��� definition is ambiguous. Without applying the requirement, the policy covers the claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: April 17, 2024, Case #: CV-22-579, Categories: Insurance, Property
J. Abramson finds the trial court properly convicted defendant for felony video-voyeurism. Defendant, the former executive director for an Alzheimer's assisted-living facility, was discovered by his wife to have placed a camera in a position to record video up the victim's skirt when she entered his office, responding to his request for help. Though defendant's office had windows exposing part of the office to public view, the area behind the desk was not in public view and not open to recording. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: April 10, 2024, Case #: CR-23-472, Categories: Evidence, Sex Offender
J. Abramson finds the county court improperly denied the home builder's motion to dismiss. The home purchaser filed suit, claiming the builder defaulted on the parties' contract to purchase land and build a home. The court failed to make a finding as to whether a valid arbitration agreement existed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: March 27, 2024, Case #: CV-23-230, Categories: Arbitration, Construction, Contract
J. Abramson finds the trial court properly convicted defendant for cocaine trafficking and paraphernalia possession. After defendant was arrested following a traffic stop and search yielding the drugs, she made certain statements recorded by the police cruiser's cameras prior to Miranda warning. The statements were properly admitted, being the officer did not question defendant, but merely responded to her questions regarding narcotics found in the vehicle. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: March 6, 2024, Case #: CR-23-452, Categories: Drug Offender, Evidence, Miranda
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J. Abramson finds the trial court properly convicted defendant for sexual assault and sexual indecency with a child. Defendant was arrested after fleeing officers who were investigating a report of a man sexually propositioning minor females with money. Though defendant says that other victim testimony regarding identical prior sex acts was improperly admitted as prejudicial, the testimony was correctly admitted under the pedophile exception. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 28, 2024, Case #: CR-23-483, Categories: Evidence, Sex Offender, Child Victims
J. Abramson finds the county court properly terminated the mother's parental rights to her child. The department filed a petition for emergency custody after treating physicians reported the mother's explanation for the child's broken femur and skull fracture was not plausible. The department also notes the mother suffers from delayed processing, and the putative father is bipolar and schizophrenic. After removal, the mother did not complete parenting or domestic-violence classes, and a caseworker testified she did not have the capacity to care for the child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 28, 2024, Case #: CV-23-643, Categories: Evidence, Family Law, Guardianship
J. Abramson finds the county court improperly dismissed the construction company's counterclaim. The capital group brought a breach of contract action after the company allegedly failed to make payments outlined in the contract for future receivables. The construction company argues the contract qualifies as a security, and the county court failed to consider all relevant factors as to whether the contract is subject to the Arkansas Securities Act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 21, 2024, Case #: CV-22-100, Categories: Construction, Securities, Contract
J. Abramson finds the circuit court properly denied the mother's petition to terminate paternal grandparent visitation with her child. The mother began denying visitation after a year of regular, significant visitation with the grandparents due to their daughter's having criminal drug charges. All evidence supports the court's order for visitation, and its finding the mother to be in contempt for failing to facilitate the visitation. The mother knew two court orders conflicted yet did not inform either court. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 7, 2024, Case #: CV-22-730, Categories: Contempt, Family Law, Guardianship
J. Abramson finds the trial court properly convicted defendant for theft of property based on sufficient evidence. After the gas station manager discovered missing lottery tickets and cash, she reviewed surveillance footage which showed defendant, an employee, stealing the tickets and money. Defendant objected to the admission of the restitution form, saying no evidence shows the amount of cash or number of tickets involved. The court properly overruled this, with the prosecution providing details of the calculations. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: January 24, 2024, Case #: CR-23-314, Categories: Evidence, Theft
J. Abramson finds the circuit court properly terminated the mother's parental rights to her minor child. The department of health and human services filed a petition for dependency-neglect and emergency custody after the child reported her parents were using drugs. Though the mother refused testing, the father and child tested positive for meth, and residue of the drug was found in the home. The mother, who was unemployed and did not maintain adequate housing, failed to complete drug-and-alcohol assessments, counseling or parenting classes. Furthermore, counsel has filed a no-merit brief and his request to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: January 17, 2024, Case #: CV-23-338, Categories: Evidence, Family Law, Guardianship
J. Abramson finds the trial court properly found in favor of the family investment company on its allegations the family member did not pay a promissory note. The family member denied signing the promissory note but a handwriting analyst testified the signature was not forged. Furthermore, the family member���s argument that his expert���s testimony the signature is a forgery and that the company offered no evidence he unlawfully removed the note from a brother's home asks the appeals court to reweigh evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: December 13, 2023, Case #: CV-23-140, Categories: Debt Collection, Family Law, Banking / Lending
J. Abramson finds the trial court properly denied defendant's petition for postconviction relief from her convictions for aggravated residential burglary and first-degree battery. Testimony shows defendant poured liquid cleaning chemicals on the homeowner and his child as they slept. Though the victim had a casual intimate relationship with defendant and she claims her actions were in self-defense, the victim says she had entered the home without his knowledge. A recording depicting the victims' suffering from chemical burns may have incited the jury, though defense counsel says that it ���didn���t occur to��� him at trial. Trial strategy is a matter of professional judgment and not grounds for an ineffective assistance finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: December 6, 2023, Case #: CR-22-558, Categories: Burglary, Ineffective Assistance, Battery
J. Abramson finds the circuit court properly awarded summary judgment to the landfill in a dispute between two county waste management services over fees involving interdistrict waste, which forced the landfill to assess a service fee and remit it back to the county. One county's unilateral reduction of another's waste assessment fee disregards the fee statute. The county lacked statutory authority to assess a per-ton fee on haulers, making them responsible for collecting and remitting the fee. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: November 29, 2023, Case #: CV-22-142, Categories: Administrative Law, Government
J. Abramson finds the circuit court properly entered the adoption decree allowing stepparent adoption of the children by the mother's new husband without consent of the father. The father physically abused the mother, who was given custody of the children during the pendency of the divorce, and the final decree provided he was to have no contact with the children. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: November 15, 2023, Case #: CV-22-628, Categories: Evidence, Family Law, Guardianship
J. Abramson finds the circuit court properly terminated a mother���s parental rights to her two minor children. The department filed a petition for emergency custody and dependency-neglect based on its knowledge of ongoing abuse, which began with a report that a seven-year-old had gotten out of the home and traveled several miles on her own on several occasions. A protection plan prescribed no contact between the putative father and one of the children based on allegations of sexual abuse. The mother���s denial of a drug addiction despite positive drug tests, plus all other evidence supports the conclusion that her past behavior and relapse from unsupervised to supervised visitation demonstrated potential future harm to the children. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 8, 2023, Case #: CV-23-309, Categories: Evidence, Family Law, Guardianship
J. Abramson finds the circuit court properly granted a father���s motion to modify custody of the never-married couple's daughter. The father filed for change of custody, stating that the mother���s mom had been charged with a criminal offense and arraigned for placing a recording device in the child���s diaper bag. The court���s modification of custody based on its finding that the actions were alienating the child from her father against her best interest was not clearly erroneous. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 1, 2023, Case #: CV-22-596, Categories: Evidence, Family Law, Guardianship
J. Abramson finds the circuit court properly affirmed the commission���s determination that the energy production company improperly deducted postproduction expenses from royalties obtain through production on its newly acquired property. Though the commission says that ���net proceeds,��� as used in the applicable code, has been historically interpreted to allow only the deduction of taxes, assessments and third-party expenses from royalties paid to mineral owners, the producer says it interpreted ���net proceeds��� as requiring postproduction expenses incurred between the wellhead and the sale to be deducted when royalties are calculated. Substantial evidence supports the commission���s interpretation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 1, 2023, Case #: CV-21-136, Categories: Energy, Tax, Business Expectancy
J. Abramson finds the circuit court properly denied the farm owners��� motion for reconsideration of its quieting of title to a disputed property line in favor of the owners of an adjoining property. Because of its unimproved and unenclosed state, the subject property cannot be adversely possessed. The farm owners presented no evidence of communications with previous owners confirming that they recognized a forfeiture of the property. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 1, 2023, Case #: CV-22-266, Categories: Evidence, Property
J. Abramson finds the Workers Compensation Commission improperly determined that the employee was entitled to additional medical treatment, temporary total-disability benefits and attorney fees. The employee was originally diagnosed with a shoulder sprain after the employer initially accepted her claim, sent the employee for treatment and returned her to duty. The employer later denied the claim and the employee obtained her own treatment which revealed a massive rotator cuff tear requiring surgery. There is no evidence in the record to support a finding that the two injuries are causally connected. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 25, 2023, Case #: CV-22-645, Categories: Employment, Health Care, Workers' Compensation
J. Abramson finds the county court properly terminated a mother���s parental rights. The Department of Human Services filed a petition for emergency custody after it had placed a hold on the four-month-old, who was found alone in her car seat, in 30-degree weather, outside an apartment at 4 a.m. The intoxicated parents were not located until 11 a.m. This was the third time the child had been located alone, once with a needle found in her diaper bag. Sufficient evidence was presented to show that potential harm would be likely if the children were returned to the mother���s unsupervised care. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 18, 2023, Case #: CV-23-246, Categories: Evidence, Family Law, Guardianship
J. Abramson finds the circuit court properly denied the inmate convicted for criminal mischief and aggravated assault���s petition for postconviction relief. Though defendant was acquitted on a second count of assault, and the jury deadlocked on a murder charge, defendant entered a negotiated guilty plea to murder. Defendant admittedly shot the victim multiple times, hitting him with every shot, immediately fleeing at a speed that caused him to nearly run over a police officer and sent his car airborne, crashing on top of a police vehicle. Defendant���s self-defense argument has been rejected. The postconviction proceeding is civil in nature and appointment of counsel is discretionary. There is no civil rights violation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 4, 2023, Case #: CR-22-548, Categories: Murder, Assault, Plea
J. Abramson finds the county court properly denied the nursing center���s motion to compel arbitration in this negligence and wrongful death suit. The deceased party���s sister and administrator of his estate signed the agreement as the ���Responsible Party.��� A check box indicating whether a ���copy of my guardianship papers, durable power of attorney or other documentation has been provided to the Facility and is attached��� is left blank. The deceased���s name was not listed within the arbitration agreement, though it was listed on the admission agreement. The nursing center has failed in its burden to prove that the sister ���signed in a representative capacity with the legal authority to bind��� the deceased party. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 4, 2023, Case #: CV-22-397, Categories: Arbitration, Health Care, Wrongful Death
J. Abramson finds that the county court properly found in favor of the county in this dispute regarding the responsibility for certain county jail maintenance fees. The city acknowledged it was responsible for its share of the relevant jail costs as set forth in a prior resolution. The court, therefore, did not err in finding that a different agreement did not exist for the relevant period, and it cannot be found that the court erred in awarding damages on the basis of the relevant ordinance. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: September 27, 2023, Case #: CV-22-195, Categories: Administrative Law, Municipal Law
J. Abramson finds that the trial court properly entered a divorce decree. The husband's lack of cooperation with treatment for mania is what led to the divorce and to a no-contact order. However, the court���s written order does not recite the basis and reasons for the unequal division of marital property as required. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: September 27, 2023, Case #: CV-22-337, Categories: Family Law
J. Abramson finds the circuit court properly granted the law firm���s motion to dismiss this legal malpractice suit for failure to state a cause of action. The wife of a business owner signed agreements guaranteeing a $375,000 loan to assist with company financing, and was later summoned for breach of contract, fraud, conversion and theft after defaulting. Evidence of the judge's alleged bias and argument that the court abused its discretion in denying the wife's motion to recuse is undeveloped. Her points revolve around the fact that there were adverse rulings, and such an argument has been repeatedly rejected as insufficient to establish bias or impartiality. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: September 13, 2023, Case #: CV-21-236, Categories: Evidence, Judiciary, Banking / Lending
J. Abramson finds the circuit court properly granted summary judgment in favor of the bank in this foreclosure proceeding regarding a loan for a convenience store. The borrower does not dispute that he voluntarily agreed to the terms of the loan. Any of the claimed financial distress he may have been under at the time cannot alter the terms of the agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: September 6, 2023, Case #: CV-22-173, Categories: Banking / Lending, Foreclosure, Contract
J. Abramson finds the circuit court properly denied the health and rehab center���s motion to compel arbitration of the wrongful death complaint brought by the special administratrix of the estate of the deceased. The administratrix did not have authority to bind the deceased to an arbitration agreement. The U.S. Supreme Court, in overruling a cited case, has held that the requirement of an express delegation of authority in a power of attorney to agree to arbitration unlawfully singles out arbitration agreements for different treatment from other agreements in violation of the Federal Arbitration Act. The power-of-attorney statutes at issue do not discriminate against arbitration agreements and the circuit court���s decision does not conflict with the cited case. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: August 30, 2023, Case #: CV-22-497, Categories: Arbitration, Wills / Probate, Wrongful Death
J. Abramson, on this interlocutory appeal, finds the trial court improperly denied the wife and beneficiary of the deceased���s IRA account owner���s motion to compel arbitration after taking ownership of the IRA. The deceased���s children, from before this current marriage, say that the IRA was previously designated to become an asset of the family trust. The court���s order states only that the motion to compel arbitration was denied, without addressing threshold questions. Ameriprise does not deny that there is an arbitration clause in its contract with the wife, contending only that the court properly denied the motion because it would force it to litigate ���two sides of a family dispute��� in two separate forums. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: August 30, 2023, Case #: CV-22-252, Categories: Arbitration, Wills / Probate, Banking / Lending