Arkansas, March, 2009, State Case law

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State Courts - Arkansas - March 4, 2009

Irons v. Ark. Dep't of Fin. & Admin., No. CA08-904, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 4, 2009, Opinion Delivered
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Overview: A licensee, appealing the administrative suspension of his driver's license for driving while intoxicated, erroneously based his motion to dismiss on Ark. Code Ann. ? 5-65-402(a)(8)(F)(i) because such section was inapplicable in judicial review of an administrative hearing.

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Montgomery v. State, No. CACR08-939, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 4, 2009, Opinion Delivered
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Ozark Health, Inc. v. Works, No. CA08-779, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 4, 2009, Opinion Delivered
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Rita Lowry & L&R Smoke Shop v. Glidewell Distrib. Co., No. CA08-873, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 4, 2009, Opinion Delivered
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Overview: It was proper to rule against an owner on an open account held by a distributing company because sufficient evidence supported the trial court's refusal to find a transfer of the owner's interest in a store. The owner's testimony provided no clear impression that the failure to find that the store was a gift to her daughter was clearly erroneous.

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Smith v. State, CACR08-966, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 4, 2009, Decided
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Stewart v. Copeland Holdings, LLC, No. CA08-896, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 4, 2009, Opinion Delivered
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Overview: Summary judgment requiring return of the buyer's earnest money was affirmed, because the husband and wife were the only persons identified in the contract, and the husband and wife held no interest in the property since they had conveyed their interest to the limited liability company, which was not a party to the contract.

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Wilson v. Vaughn, No. CA08-801, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 4, 2009, Opinion Delivered
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Overview: Dismissal of the collector's action for a share of the proceeds collected on the company's small-claims judgment was affirmed, because the testimony supported the finding that the parties rescinded the agreement.

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