28 results for 'judge:"Gruber "'.
J. Gruber finds the circuit court properly found for a brother, whose survivorship agreement with his mother transferred her interest in the property at issue to him upon her death. The other brothers challenged the mother's will, with the circuit court ruling it was the product of undue influence, setting it aside and imposing a constructive trust on the property in favor of the estate. The court then granted summary judgment, concluding relitigation was barred by the doctrines of law of the case and res judicata. The brother's cross-appeal for sanctions on the basis this appeal is frivolous is denied. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: April 24, 2024, Case #: CV-22-188, Categories: Sanctions, Trusts, Wills / Probate
J. Gruber finds the circuit court properly adjudicated the children dependent-neglected. The department removed the children after finding evidence the parents were making up symptoms requiring medical treatment. Treating physicians testified no records support any need for the children's treatment for congenital disease. Though the parents objected to a question asked by the prosecution regarding discussions a witness had with a treating doctor, the prosecution was asked to rephrase the question. The parents have not shown prejudice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: April 10, 2024, Case #: CV-23-598, Categories: Family Law, Health Care, Guardianship
J. Gruber finds the circuit court properly found for the homeowners on an invitee's allegations the lack of a railing on the home's second floor balcony caused him to fall from the balcony, sustaining injuries. The invitee knew of the dangerous condition that caused his injury, and no evidence shown brings into question any material fact. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: April 3, 2024, Case #: CV-22-202, Categories: Evidence, Tort, Negligence
J. Gruber finds the circuit court properly revoked defendant's suspended imposition of sentence. After defendant's convictions for use or possession of paraphernalia to manufacture meth or cocaine, drug possession and providing prohibited articles, she was found with fentanyl and drug paraphernalia when stopped for driving left of center. The search of defendant's vehicle was properly made, as the officer knew she was on parole. All sentencing factors were properly considered. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: March 13, 2024, Case #: CR-23-565, Categories: Drug Offender, Search, Sentencing
J. Gruber finds the trial court properly convicted defendant for battery and possession of a weapon by an incarcerated person. The homemade weapon used to stab a corrections officer was found in defendant's prison cell. Though defendant seeks discharge on speedy trial grounds, the trial clock had not lapsed, as some of the excluded days were due to Covid-19 delays. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: March 13, 2024, Case #: CR-23-430, Categories: Weapons, Battery, Speedy Trial
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J. Gruber finds the county court properly denied the business owner's motion to enforce an alleged settlement agreement with the bank. The bank filed a complaint against the owner and his now ex-wife alleging two promissory notes, totaling nearly $200,000, executed by them in favor of the bank were in default. Although the owner says a subsequent divorce decree requires his ex-wife to assume responsibility for the notes, email communications show the parties did not have a completed agreement that could be enforced by a court. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 28, 2024, Case #: CV-23-115, Categories: Evidence, Banking / Lending, Contract
J. Gruber finds the trial court properly convicted defendant for possession of a controlled substance, sentencing her as a habitual offender. After defendant was stopped for expired tags, the officer smelled marijuana inside the car. He learned defendant's driver���s license was suspended and there was a search waiver on file. He then found a small bag of meth in the vehicle. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 14, 2024, Case #: CR-23-270, Categories: Drug Offender, Search, Vehicle
J. Gruber dismisses the ex-husband's challenge of the circuit court's entering of a temporary order of protection against him. The ex-wife sought the protection order after discovering he was incarcerated for a second assault charge involving his current wife. The husband has threatened to kill his current wife and the ex-wife has testified her children are scared of him. The temporary order is not a final order and is not appealable.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 7, 2024, Case #: CV-22-763, Categories: Evidence, Family Law, Restraining Order
J. Gruber finds the circuit court properly divided property in this marriage dissolution. The arbitrator - the parties' adult son - attempted to award property to himself, and no evidence shows he took the requisite arbitrator's oath; therefore, the agreement is invalid. Furthermore, the wife's claims involving the son's loan to the father and its effect on the division of a family business are not legally cognizable. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: January 17, 2024, Case #: CV-22-85, Categories: Family Law, Property, Contract
J. Gruber finds the county court improperly entered an order modifying joint child custody involving the children's passports, international travel and education. The mother argues she neither agreed to the order nor authorized her attorney to do so. There is no record regarding whether an agreement existed, and no discretion is shown regarding the wife's motion to vacate. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: December 13, 2023, Case #: CV-23-107, Categories: Evidence, Family Law, Guardianship
J. Gruber finds the circuit court improperly granted $13,000 in attorney fees to the husband in a consolidated divorce, conversion and replevin action. The only cause of action the husband prevailed upon was for replevin, which is not a cause of action for which there is statutory authority to award fees. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: December 6, 2023, Case #: CV-22-292, Categories: Family Law, Property, Tort
J. Gruber finds the trial court properly convicted defendant for possessing a prohibited article while in custody of the Arkansas Department of Correction. Defendant was found to be in possession of a cell phone while incarcerated for aggravated burglary, robbery, theft of property and terroristic threatening convictions. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: November 15, 2023, Case #: CR-23-177, Categories: Search, Due Process, Prisoners' Rights
J. Gruber finds the trial court properly convicted defendant for attempted battery of a law enforcement officer and fleeing. Defendant was arrested after the officer, who knew he had arrest warrants, stopped the vehicle in which he was a passenger. Defendant fled in the vehicle after a short altercation and the officer pursued him, performing a vehicle immobilization maneuver to stop the vehicle. Defendant drove the vehicle directly at the officer, who shot at the vehicle three times to disable it. All events were captured on the officer���s dash cam. All evidence is sufficient to support the convictions and was properly entered. All jury instructions were proper. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: November 8, 2023, Case #: CR-22-460, Categories: Evidence, Escape, Battery
J. Gruber finds the Worker���s Compensation Commission properly determined that the employee failed to prove that she sustained a compensable injury to her lower back related to a compensable knee injury sustained while pushing a pallet cart loaded with wood. The employee complained of further pain after a knee replacement, which led to extensive treatment by several physicians resulting in the eventual discovery of the back injury. Conflicting medical evidence as to the relatedness of the injuries was properly considered. The commission has the authority to accept or reject medical opinion and to determine the opinions��� medical soundness and probative force. No error is found. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: November 1, 2023, Case #: CV-22-781, Categories: Health Care, Experts, Workers' Compensation
J. Gruber finds the circuit court properly revoked defendant���s suspended imposition of sentence, sentencing him to 54 months in prison on his guilty-plea convictions for meth possession and battery. An officer who participated in the search of a hotel room that defendant was seen directly outside of testified that defendant admitted that drugs that were found were his. This testimony was sufficient to establish that defendant had violated the terms and conditions of his suspended sentence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 25, 2023, Case #: CR-23-204, Categories: Drug Offender, Evidence, Search
J. Gruber, in this interlocutory appeal, finds the county court improperly foreclosed the materialmen���s lien made against the subcontractor seeking payment for work performed on the construction of an ammonia plant. The plant owner could have obtained a survey or other means to identify encumbered property, which it did not. Neither its original materialmen���s lien nor its first amended lien was perfected, and the second amended lien was filed outside limitations. The court���s reference to ���nonpayment of invoices��� was not meant to establish a further cause of action. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 18, 2023, Case #: CV-20-692, Categories: Construction, Contract
J. Gruber finds the Arkansas Board of Review properly affirmed the Division���s determination that the employee must repay $3,040 in unemployment benefits. After receiving state benefits as well as pandemic assistance, the Division advised the recipient of her disqualification because, as a temp worker, she did not show good cause for failing to contact the agency for reassignment. The evidence supports that the benefits recipient failed to satisfy the state-waiver analysis. The matter is remanded for further findings regarding whether she is required to repay pandemic assistance. Affirmed in part. Remanded in part.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 18, 2023, Case #: E-22-373, Categories: Employment, Evidence, Covid-19
J. Gruber dismisses this appeal of the circuit court���s dismissal of the owner���s appeal of a ���final administrative decision��� of the city council denying his request to rezone his real property. The property had been used as residential apartments, and the owner had been issued occupation licenses yearly even though the property was zoned as a highway commercial district. After his request was denied, he was allowed to continue nonconforming use of the property. The record demonstrates that the owner failed to exhaust administrative remedies, which leaves the circuit court and the court of appeals without subject matter jurisdiction. Dismissed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 4, 2023, Case #: CV-21-549, Categories: Municipal Law, Property, Zoning
J. Gruber finds the circuit court properly denied the ex-wife���s request that her ex-husband be held in contempt for nonpayment to her from his military retirement or disability payments according to the couple���s divorce decree. The wife cited cases where the court enforced agreements without contempt findings, and she chose to settle instead of pursuing a court decision. Because the circuit court denied her motion for contempt, there was no ruling on how the decree should be interpreted and enforced. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 4, 2023, Case #: CV-22-294, Categories: Contempt, Family Law, Contract
J. Gruber finds that the county court properly modified the father's child support obligation. The father moved for the modifications at issue four months after one of the children moved in with him, and he did not request a hearing for another year. The court subsequently informed the parties that it would use a "shared income approach" to calculating the modification. Given the record and standard of review, there is no evidence of an abuse of discretion. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 27, 2023, Case #: CV-22-437, Categories: Family Law
J. Gruber finds that the trial court properly convicted defendant for manslaughter and tampering with evidence. Defendant was arrested pursuant to an investigation involving phone records after the victim was found in his residence with nine stab wounds, his corpse and the room covered in blood spatter. Defendant admitted to officers that he accidentally stabbed the victim twice after being sexually propositioned. There is nothing to connect the presence of drugs found in the victim's system to the murder, and a toxicology report was properly excluded. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 27, 2023, Case #: CR-22-749, Categories: Evidence, Obstruction, Manslaughter
J. Gruber finds the circuit court properly terminated the putative father's rights to his minor child. The child was taken into custody after testing positive for opioids at birth. Though paternity tests have shown that the putative father is not the biological father, he argues that he is a parent under the juvenile code and by his acknowledgement of paternity. DHS found his home could not safely accommodate a child, even after improvements were requested. The child needs the permanency of the foster care she has been in her entire life. She does not know or ask about the putative father, and parental rights will not be enforced in such a circumstance. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 20, 2023, Case #: CV-23-86, Categories: Family Law
J. Gruber finds the circuit court properly revoked defendant's probation for possession of drug paraphernalia, possession of meth or cocaine with purpose to deliver, and operation of a vehicle without insurance. Defendant entered a negotiated guilty plea to felony possession of drug paraphernalia and possession of meth. Counsel has filed a no-merit brief and a motion to withdraw, asserting that there is no issue of arguable merit to raise on appeal. The court clerk sent defendant a copy of counsel���s brief and motion to inform him of his right to file pro se points for reversal, which he did not. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 13, 2023, Case #: CR-22-675, Categories: Drug Offender, Probation, Plea
J. Gruber finds the circuit court properly adjudicated the parents' children dependent-neglected. A family service worker's affidavit set out that one of the children had been absent from school and that no bruising had been observed prior to those absences. Bruising was first observed when he returned to school, and the child relayed that his dad had hit him with a belt. All evidence supports the dependent-neglected finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 6, 2023, Case #: CV-23-89, Categories: Family Law, Guardianship
J. Gruber finds the trial court properly convicted defendant for two counts of aggravated robbery and theft of property, with firearm sentencing enhancements. Two female pizza shop workers sat in their car after closing when they were robbed at gunpoint by a man who had arrived to the parking lot in a brown SUV. After he left, the women called 911, and when officers arrived, they took them to a location where the perpetrator had already been apprehended. The women ID���d him and his SUV. Surveillance video, as well as other eyewitness accounts supports the proof of defendant���s identity. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: May 31, 2023, Case #: CR-23-5, Categories: Evidence, Firearms, Robbery
J. Gruber finds the trial court properly convicted defendant for residential burglary under a theory of accomplice liability, sentencing him to 15 years��� imprisonment. The victim was shot and killed in front of his wife and children during an attempted burglary of drugs committed by a group of men which included defendant. Defendant has not established that allegedly undisclosed evidence noted in his post-trial discovery motion would have altered the outcome. His claims of verdict inconsistency between the charges of murder and burglary are not preserved. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: May 31, 2023, Case #: CR-22-453, Categories: Burglary, Evidence, Accomplice Liability
J. Gruber finds the circuit court properly granted summary judgment to the niece who had alleged that her aunt breached multiple duties as the sole trustee of two educational trusts. The niece argues that the order does not specifically mention pre- or postjudgment interest, but that the interest rate is part of the order directing the trustee to comply, stating that the trustee must transfer $250,000, ���valued at the day of grantor���s death.��� The trustee never argued a specific rate should be applied. The court did not err as a matter of law in ordering the trustee to transfer the amount plus interest at 6% per annum from the date of the grandmother���s death. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: May 24, 2023, Case #: CV-21-35, Categories: Trusts, Wills / Probate, Contract
J. Gruber finds the trial court properly convicted defendant for firearm possession and fleeing, sentencing him as a habitual offender to over 500 months in prison. Fleeing at speeds of up to 100 mph after the officer attempted to pull him over, defendant���s vehicle was immobilized and found to contain many firearms, have no registration and to be tagged with incorrect license plates. There is sufficient evidence to show constructive possession of the guns. Defendant���s argument that there is insufficient evidence regarding his identity was not raised at trial and is procedurally barred. The case is remanded to correct a clerical error in the sentencing order. Affirmed and remanded.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: May 10, 2023, Case #: CR-22-743, Categories: Firearms, Escape, Vehicle