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   State Courts - Arkansas - January 19, 2000

  
Foundation Telecomms., Inc. v. Moe Studio, Inc., CA 99-516, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, January 19, 2000, Opinion delivered
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Overview: A judgment in favor of the plaintiff in a breach of contract action was void because the matter was heard by a special judge who was not appointed by the procedures mandated by the Arkansas Constitution.

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Frances v. Gaylord Container Corp., CA 99-372, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, January 19, 2000, Opinion delivered
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Overview: Workers' compensation benefits should have been awarded because witnesses testified appellant complained of back pain after a work accident, and nothing indicated the injury was caused by anything other than the accident.

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Friedrich v. Bevis, CA 99-720, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 19, 2000, Opinion delivered
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Overview: Appellant non-custodial parent could not restrain appellee custodial parent from voluntarily moving out of state with children but move justified increased visitation with parties sharing equally in transportation costs.

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Glover v. Woodhaven Homes, Inc., No. CA99-388, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 19, 2000, Opinion Delivered
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Overview: In a dispute between a homebuilder and the homeowners, the trial court properly reached an equitable solution to the conflict by requiring both parties to bear a share of the increased costs in the home building.

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Hoggatt v. State, No. CACR99-663, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 19, 2000, Opinion Delivered
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Overview: The lower court did not err in refusing to dismiss appellant's charges for lack of a speedy trial because the delay appeared to occur from appellant's inability to decide whether he wanted a bench trial.

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Jackson v. State, No. CACR99-311, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 19, 2000, Opinion Delivered
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Overview: Appellant's conviction for arm robbery was affirmed; the evidence was sufficient to support appellant's conviction and his confession to the crime was voluntary.

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Jennings v. State, CA CR 99-255, COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO AND THREE, January 19, 2000, Opinion delivered
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Overview: Police officer did not have a reasonable suspicion to stop defendant, and since the search was illegal, defendant's motion to suppress the gun and cocaine found in the search should have been granted.

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Koch v. State, No. CACR99-643, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 19, 2000, Opinion Delivered
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Overview: Appellant received notice and opportunity to be heard prior to revocation of his probation, so he was not denied due process. There was no requirement that jury be told that State intended to revoke a sentence of probation.

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Magee v. Anderson, No. CA99-725, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 19, 2000, Opinion Delivered
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Overview: Default judgment rendered against defendant was void ab initio because attempted service on defendant was invalid since process server was not an authorized process server at time he served the complaint.

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Michael v. Village Mkts., No. CA 99-622, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 19, 2000, Opinion Delivered
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Overview: Substantial evidence supported decision denying workers' compensation claimant additional temporary total disability benefits because she failed to prove causal relationship between compensable injury and later complaints.

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