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   State Courts - Arkansas - December 1, 1999

  
Arkansas Bankers Life Ins. Co. v. Tomerlin, No. CA99-114, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, December 1, 1999, Opinion Delivered
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Overview: Third party plaintiff's judgment affirmed; defendant life insurer waited too long to object to post-judgment third party complaint against it and substantial evidence showed it was obligated under credit life policy.

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Arrington v. Ramsey, No. CA99-238, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, December 1, 1999, Opinion Delivered
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Overview: The modification of divorce decree to award the wife interest in the husband's retirement benefits was not error because it accurately reflected the court's bench ruling; a child support award based on the husband's year-to-date earnings was upheld.

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Benton v. Cooper Indus. Prods., No. CA 99-490, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, December 1, 1999, Opinion Delivered
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Overview: Workers' compensation commission's findings were supported by substantial evidence, and its opinion adequately outlined its findings of fact to support and explain its decision.

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Blueford v. State, No. CACR99-400, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, December 1, 1999, Opinion Delivered
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Overview: Where the appellate court found at least arguable issues regarding whether the evidence was sufficient to support convictions, counsel's motion to withdraw was denied, and counsel directed to prepare an adversarial presentation.

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Buford v. Std. Gravel Co., CA 99-491, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, December 1, 1999, Opinion delivered
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Overview: Under odd-lot doctrine, claimant was entitled to permanent disability benefits because his reluctance to work was due to pain and discomfort, not lack of motivation, and employer did not show that work was readily available.

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Crase v. Grooms, No. CA99-342, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, December 1, 1999, Opinion Delivered
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Overview: Appellant failed to prove adverse possession; he could not establish exclusive possession due to overlapping possession with others nor intent to adversely possess the land because he used the land up to what was the believed boundary.

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Dierks v. Sanders, No. CA99-270, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, December 1, 1999, Opinion Delivered
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Overview: Finding that an implied easement was established in favor of appellees was affirmed, since there had been a common owner, and the burden to appellants' property was apparent and in existence at the time of the severance.

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Eddings v. Eddings, No. CA 99-662, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, December 1, 1999, Opinion Delivered
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Overview: Father ordered to contribute to child's college education because subsequent amendments did not modify parties' divorce settlement agreement that required the payments.

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Elder v. Security Bank of Harrison, CA 99-216, COURT OF APPEALS OF ARKANSAS, December 1, 1999, Opinion delivered
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Overview: Where the facts established that appellants had actual notice of the five-year policy limit well before three years preceding the date the suit was brought, the statute of limitations expired before the complaint was filed.

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Gaffney v. State, No. CACR99-231, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, December 1, 1999, Opinion Delivered
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Overview: Trial court had statutory authority to impose consecutive sentences, thus modification of sentence from concurrent to consecutive was not void and defendant could not raise issue for first time on appeal.

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