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   State Courts - Arkansas - January 30, 2002

  
Booth v. Booth, CA01-479, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 30, 2002, Decided
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Overview: Real property issue in divorce case could not be addressed on appeal due to insufficiency of abstract, husband intended for a piano to be a gift to his wife, and chancellor did not abuse his discretion in awarding the wife attorney's fees.

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Cooper v. Johnson, CA 01-219, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 30, 2002, Decided
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Overview: Chancellor did not err in granting adverse possession as to some of the lands in dispute between claimants and the heirs at law. Proof that possession was visible, notorious, distinct, exclusive, and hostile was lacking as to the remaining lands.

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Elec. Cowboy v. Thetford, CA01-812, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 30, 2002, Decided
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Overview: Substantial evidence supported workers' compensation commission's decision finding claim compensable, that claimant's healing period had not ended, she was not released to return to work, and her wage amount, based on credibility determination.

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GE v. Gilbert, CA 01-311, COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO, THREE AND FOUR, January 30, 2002, Opinion Delivered
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Overview: Wrongful discharge plaintiff showed filing workers' compensation claim was termination factor, and employer showed no substantial evidence of nondiscriminatory discharge reason. Pension benefit award was error due to inadequate proof of amount.

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Gerot v. Gerot, No. CA01-448, COURT OF APPEALS OF ARKANSAS, January 30, 2002, Opinion Delivered
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Overview: "Dramatic change" in a daughter's attitude after moving in with her father did not constitute a material change in circumstances necessary to warrant a change in custody from the mother.

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Green v. State, CACR01-628, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 30, 2002, Decided
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Overview: Substantial evidence supported trial court's ruling that defendant made his death threat statements with conscious object that co-worker communicate threats to the two intended targets. Directed verdict motions were properly denied.

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Jones v. State, CACR01-1095, COURT OF APPEALS OF ARKANSAS, January 30, 2002, Decided
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Moore v. Midwest Distrib., CA 01-763, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 30, 2002, Opinion Delivered
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Overview: Former employer had no legitimate interest to protect by covenant not to compete, covenant improperly kept former employee from working in state he had never worked in, and court could not modify contract to reduce geographic restriction.

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Moore v. State, CACR01-864, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 30, 2002, Decided
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Overview: Because defendant's motions for a directed verdict simply stated that the evidence was insufficient, and did not specify in what respect the evidence was deficient, defendant failed to preserve his primary issue for appeal.

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Pierce Addition Homeowners Ass'n v. City of Vilonia Planning Comm'n, CA 00-1262, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 30, 2002, Opinion Delivered
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Overview: Homeowners association's appeal from trial court's dismissal of its appeal of planning commission's decision was dismissed; trial court had lacked jurisdiction over appeal, as association failed to comply with mandatory procedural rule.

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