Arkansas, January, 2003, State Case law

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State Courts - Arkansas - January 29, 2003

McAdams v. Alcoholic Bev. Control Div., CA 01-1387, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 29, 2003, Decided
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Overview: The denial of the individual's motion to intervene in an action involving the Alcoholic Beverage Laws Act was proper where the motion was untimely; the private-club exception was improperly raised for the first time on appeal.

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Quiroga v. State, CA 01-1400, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 29, 2003, Decided
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Overview: Where the juvenile failed to move for dismissal after the trial court recalled its witness to the witness stand, which was the close of all of the evidence, the juvenile failed to preserve his sufficiency argument for appellate review.

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Randles v. Cole, CA 01-1125, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 29, 2003, Opinion Delivered
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Overview: The trial court should not have granted a new trial as there was substantial evidence to support the verdict. The separate answers to interrogatories by the jury found that the sellers committed deceit with respect to the buyers.

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Ray Townsend Farms v. Smith, CA03-6, COURT OF APPEALS OF ARKANSAS, January 29, 2003, Decided
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Rhodes v. Veith, CA 02-307, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 29, 2003, Opinion Delivered
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Overview: Where two directors and a businessman started a corporation, and businessman (also president of the corporation) ran the operations, businessman was not a "third party" and could not pierce corporate veil to reach directors when he was terminated.

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Riley v. Hoisington, CA 02-374, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 29, 2003, Opinion Delivered
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Overview: Where a seller failed to disclose prior flooding in a real estate contract, two purchasers were entitled to rescission of the contract because they proved fraudulent misrepresentation by clear and convincing evidence.

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Ross v. Jones, CA 02-42, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 29, 2003, Opinion Delivered
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Overview: Where occupiers' appeal on the denial of a default judgment on their counterclaim was antecedent to the trial court's pronouncement of judgment on the counterclaim, the notice of appeal was premature and the appeal had to be dismissed.

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Shields v. State, CACR02-541, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 29, 2003, Decided
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Overview: Decision denying defendant's motion to transfer his capital murder case to juvenile court was not clearly erroneous where there was nothing in the record that suggested that the trial judge failed to consider all of the relevant factors.

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Singleton v. State, CACR02-57, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 29, 2003, Decided
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Overview: Where defendant failed to raise an objection below challenging the severity of his sentence, his argument was not preserved for appellate review.

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Tatum v. Dir., E02-64, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 29, 2003, Decided
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Overview: The employee voluntarily quit his job without good cause and was ineligible for unemployment benefits because he failed to set forth compelling reasons for failing to take appropriate steps to prevent alleged mistreatment that caused him to leave.

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