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   State Courts - Arkansas - February 18, 2004

  
Area Agency on Aging v. Catlett, CA 03-883, COURT OF APPEALS OF ARKANSAS, February 18, 2004, Decided
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Overview: The claimant was properly awarded TTD benefits for her injury, where, despite her pre-existing degenerative spinal condition, her injury was clearly work-related, and substantial evidence supported the finding that it was compensable.

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Billingsley v. Smith, CA 03-778, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 18, 2004, Decided
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Overview: Because an instrument executed by a signatory constituted a check, he was not personally liable to several creditors because he merely executed the check in his capacity as an accountant for a company.

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Burchfield v. State, CACR02-1191, COURT OF APPEALS OF ARKANSAS, February 18, 2004, Decided
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Overview: Methamphetamine did not actually have to be produced from the manufacturing process to sustain a manufacturing conviction, and the evidence was sufficient to show the wife constructively possessed the drugs found in the husband's vehicle.

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First Baptist Church of Rose Bud v. Town of Rose Bud, CA03-629, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 18, 2004, Decided
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Overview: In church's appeal of finding of prescriptive easement over its property, judgment was affirmed; all elements of judicial estoppel were met and a prior decree's finding that there was an easement across the church's property was conclusive.

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Hayes v. Carroll County Judge, CA03-806, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 18, 2004, Decided
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Overview: A denial of workers' compensation benefits was affirmed because an employee's brief did not cite any authority; however, there was also no merit to the employee's claim that employment was the major underlying cause of a heart condition.

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Hill v. Billups, CA 03-748, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 18, 2004, Decided
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Overview: Where a doctor's expert witness was more than 100 miles away on the trial date, the trial court improperly refused to rule on the admissibility of the expert's deposition, taken on the day before, on the basis of a discovery scheduling order.

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Hunter v. State, CACR02-1036, COURT OF APPEALS OF ARKANSAS, February 18, 2004, Decided
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Hyden v. Hyden, CA 03-527, COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO AND THREE, February 18, 2004, Decided
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Overview: Because a material change in circumstances occurred, a trial court erred in finding that it was bound by one of its prior orders concerning the split of a child's education expenses between a mother and father.

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N. Am. Ry. Serv. v. Henderson, CA03-872, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 18, 2004, Decided
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Overview: Where the Arkansas Workers' Compensation Commission found credible a former employee's testimony that he had pain in both legs after a work-related injury and that he improved after surgery, the Commission's award of additional benefits was affirmed.

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Nuehring v. State, CACR01-1341, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 18, 2004, Decided
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Overview: Where defendant failed to include items in his addendum necessary to the appellate court's determination of both its jurisdiction and the merits, the appellate court affirmed his convictions for failure to comply with appellate briefing rules.

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