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| Ark. State Highway v. Reginelli, CA04-579,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 16, 2005, Decided
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Overview: The highway department failed to bring up a record demonstrating that reversal was warranted in accordance with Ark. Sup. Ct. & Ct. App. R. 4-2(a)(8) and in the absence of a complete record on appeal, appellate court was compelled to summarily affirm the trial court's order granting the landowner a new trial.
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| Ayala v. State, CA CR 04-50,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 16, 2005, Opinion delivered
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Overview: After reviewing the totality of the circumstances, the trial court did not err in finding that an officer had reasonable suspicion to continue detaining defendant after the purposes of the stop were complete, and that the marijuana was legally seized because it was the result of consent and a canine sniff that occurred during the lawful detention.
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| Conrad v. Kaiser, CA 04-841,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 16, 2005, Decided
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Overview: Adoption petition was properly granted under Ark. Code Ann. § 9-9-207 because the father failed to pay child support, and by the father's own admission, he only exercised regular visitation for a few months after he got out of prison in June 2000, and his visits with the children dwindled by mid-year 2001.
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| ESI Group, Inc. v. Brown, CA04-609,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 16, 2005, Decided
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Overview: Circuit court did not err in refusing to vacate an arbitration award on grounds that the arbitrator exceeded his authority, as it was apparent that the award was entered due to an arbitration clause in the parties' settlement agreement and as a direct result of a dispute which the parties agreed to resolve via arbitration.
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| Fisher v. Ark. Dep't of Human Servs., CA04-893,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 16, 2005, Decided
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Overview: The order terminating the mother's parental rights to her child was based on sufficient evidence pursuant to Ark. Code Ann. § 9-27-341(b)(3) where the mother was offered services by the Arkansas Department of Human Services for her drug addiction but failed to take advantage of those services and continued to use cocaine.
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| Flaherty v. Flaherty, CA 04-569,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 16, 2005, Decided
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Overview: The trial court did not err in failing to allow a deduction for losses incurred in a horse farming operation by the husband where it was characterized as a hobby rather than a business. The award of alimony to the wife was not excessive considering the economic imbalance between the parties.
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| Green v. State, CACR 03-1078,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 16, 2005, Decided
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Overview: While corroboration evidence was not necessarily enough, standing alone, to sustain each conviction, it tended to connect defendant one with crimes where he gave incriminating evidence by admitting being with defendant two and accomplice on more than one night around relevant times and to giving hands-on assistance during one of robberies.
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| Jarrell v. Stant Mfg., CA04-708,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 16, 2005, Decided
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Overview: Order from Arkansas Workers' Compensation Commission denying employee additional medical treatment was upheld because employer provided her with adequate medical care after she fell on concrete floor; employee failed to show why she believed that the same tests as performed by another doctor would bring her closer to ascertaining cause of her pain.
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| Karschner v. Karschner, CA04-412,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 16, 2005, Decided
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Overview: Because the trial court believed the witnesses' testimony that ex-husband's stock options had no value, pursuant to Ark. R. Civ. P. 26(b)(1), the trial court did not abuse its discretion when it denied ex-wife's request for production of the husband's employer's financial statements. Also, wife's request for permanent alimony was properly denied.
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