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   State Courts - Arkansas - January 30, 2002

  
Pro Clean Janitorial Serv. v. Hinkle, CA 01-868, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 30, 2002, Decided
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Overview: As there was an inconsistency in workers' compensation commission's opinion that went directly to issue of whether or not employee was engaged in prohibited activity at time of his injury, case was remanded for clarification.

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Slater v. State, CA CR 01-842, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 30, 2002, Opinion Delivered
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Overview: Evidence was sufficient to support conviction for theft by receiving where store vouchers were issued for merchandise that was never purchased and where defendant refused to provide any information as to who had given her the vouchers.

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St. Edward Mercy Med. Ctr. v. Nemeth, CA01-730, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 30, 2002, Decided
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Overview: Evidence established that employee's complaints occurred after her compensable injury, and her treating physician opined that he continued treatment until she was released to work. Evidence supported determination of when healing period ended.

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Taylor v. Dir., E01-4, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 30, 2002, Decided
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Overview: Substantial evidence supported board of review's finding that pharmacy technician's discharge by employer was for "misconduct." Technician admitted giving her prescription pills to friends, and coworkers testified to seeing or hearing she did so.

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Thurman v. Baker, CA 01-617, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 30, 2002, Opinion Delivered
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Overview: As a guardian's substitution for the promisee as the proper party to an action on a promissory note related back to the initial filing of the suit, the promisor's claim that the suit was time-barred was properly rejected.

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Tillman v. Dir. Employment Security Dept., E 01-81, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 30, 2002, Decided
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Overview: There was substantial evidence to support review board's conclusion that employee was not entitled to unemployment compensation benefits, as situation was not one that would impel average worker to voluntarily give up employment.

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Townsend v. State, CA CR 01-516, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 30, 2002, Opinion Delivered
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Overview: Trial court committed reversible error in denying defense counsel's motion to withdraw, where defendant had sued his counsel for $ 1 million, and judge made only cursory investigation of the circumstances of the asserted conflict of interest.

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Van DeVeer v. George's Flower's, Inc., CA 01-710, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 30, 2002, Opinion Delivered
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Overview: Appellate court lacked jurisdiction to hear injured worker's appeal of a summary judgment in favor of a florist on premises liability claim, as the trial court order did not constitute a final judgment against John Doe defendants or intervenors.

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