Arkansas, January, 2006, State Case law

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State Courts - Arkansas - January 18, 2006

Morehead v. Morehead, CA05-510, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 18, 2006, Decided
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Overview: A finding in favor of the wife in the parties' property dispute concerning their divorce was appropriate where the funds in question were marital property under Ark. Code Ann. ? 9-12-315(b) because the husband failed to show that any funds in the checking account had maintained their separate nonmarital character.

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Napier v. Boyette, CA 05-558, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 18, 2006, Decided
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Overview: Trial court did not err in dismissing father's motion to change custody as there had not been a material change in circumstances. Also, it was in the child's best interest to remain in her mother's custody as 1) she had a better relationship with her mother than her father; and 2) she had more structure and stability while in her mother's custody.

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Pilcher v. Suttle Equip. Co., No. 05-143, SUPREME COURT OF ARKANSAS, January 18, 2006, Opinion Delivered
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Overview: Trial court properly granted summary judgment in favor of seller and manufacturers. Buyer's strict liability claim failed as he did not submit proof that machine was defective and unreasonably dangerous; pursuant to Ark. Code Ann. ? 4-2-316(3)(b), any implied warranties were excluded as buyer was allowed to inspect and use machine prior to sale.

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Sims v. Sims, CA05-610, COURT OF APPEALS OF ARKANSAS, January 18, 2006, Decided
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Overview: With regard to Ark. Sup. Ct. Admin. Order No. 10, where father's gross income for one year was all he introduced into evidence, court did not err when it used his 2004 gross income figure, reduced it by amount of mother's gross annual income, reduced it further by 15% for tax withholdings, and calculated support on balance per family support chart.

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Small v. State, CACR05-801, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 18, 2006, Decided
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Overview: Trial court did not err in denying defendant's motion for continuance; his illness was not mentioned again after motion, he never renewed his motion for a continuance, he exercised his right not to testify, and nothing showed defendant's alleged illness negatively impacted his ability to fully participate in his trial and assist in his own defense.

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Taylor v. State, CACR04-1262, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 18, 2006, Decided
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Overview: Defendant's first-degree continuing-criminal-enterprise conviction, Ark. Code Ann. ? 5-74-104(a)(1), was reversed since State did not show that he acted in concert with two individuals as 1) he assured first individual that the bill was real; and 2) second individual refused his offer to exchange one of his hundred dollar bills for twenty dollars.

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Weyerhaeuser Co. v. Krantz, CA 05-711, COURT OF APPEALS OF ARKANSAS, January 18, 2006, Decided
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Overview: Substantial evidence supported an award of permanent total disability benefits to an employee, pursuant to Ark. Code Ann. ? 11-9-519(e), from and after the date that his healing period ended where he was in his sixties and incapable of returning to the work force, which followed directly from his work injury and resultant surgery.

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Zamarripa v. Ark. Dep't of Human Servs., CA05-888, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 18, 2006, Decided
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Overview: Mother's parental rights to her two-year-old child were properly terminated pursuant to Ark. Code Ann. ? 9-27-341 where the mother had left the child in the care of a virtual stranger without providing contact information or sufficient food or clothing. Once the child was taken into custody, the mother failed to maintain any contact with the child.

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