Arkansas, January, 2005, State Case law

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State Courts - Arkansas - January 19, 2005

McBride v. State, CACR03-1320, COURT OF APPEALS OF ARKANSAS, January 19, 2005, Decided
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Overview: Defense counsel should have addressed sufficiency of evidence to support a probation revocation in his Anders brief, seeking to be relieved as counsel. He was ordered to rebrief case and address whether evidence was sufficient to support revocation.

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Mt. Pure, LLC v. Affiliated Foods Southwest, Inc., CA04-543, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 19, 2005, Decided
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Overview: Appeal from summary judgment in a contract case was dismissed because the nonsuited claims could have been refiled, and thus the matter before the court was an interlocutory appeal that it had no authority to entertain under rule of civil procedure.

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Office of Child Support Enforcement v. Dale, CA 04-328, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 19, 2005, Decided
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Overview: Child support complaint was remanded to the trial court for reevaluation because the trial court did not consider the appropriate factors when it determined that the father should not be required to pay additional child support for his two children.

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Palma v. State, CACR04-350, COURT OF APPEALS OF ARKANSAS, January 19, 2005, Decided
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Overview: Appellate court was unable to reach merits of case because abstract failed to provide material testimony necessary to understand the question on appeal. Thus, defendant's counsel was directed to file a substituted brief correcting those deficiencies.

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Rutledge v. Christ Is the Answer Fellowship, Inc., CA04-475, COURT OF APPEALS OF ARKANSAS, January 19, 2005, Decided
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Overview: The order granting a church's motion to nonsuit its complaint against a mortgage holder was not a final order for purposes of appeal; therefore, the appellate court lacked jurisdiction to hear the holder's appeal.

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Vancuren v. State, CACR04-347, COURT OF APPEALS OF ARKANSAS, January 19, 2005, Decided
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Overview: Where defendant took possession of a motor home, failed to pay the finance company, and altered the security agreement with the purpose to defraud, he had the requisite intent to support his conviction for second-degree forgery and theft of property.

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Weesner v. Johnson, CA 04-784, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 19, 2005, Opinion delivered
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Overview: Trial court erred in taking jurisdiction pursuant to Uniform Child Custody Jurisdiction and Enforcement Act where only state with which child had "significant" connections was California, as she had been born there and lived there at time of hearing.

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