Arkansas, April, 2002, State Case law

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State Courts - Arkansas - April 10, 2002

Arnold v. Gray, CA01-978, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 10, 2002, Decided
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Overview: Trial court did not err by refusing to award equitable interest payments for unpaid balance owed on real property purchase price because parties' written agreement did not provide for interest payments in case of delays in closing transaction.

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Baker v. House Doctors Handyman Serv., CA01-1151, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 10, 2002, Decided
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Overview: Trial court properly applied three-year tort statute of limitations to breach of repair contract lawsuit where the gist of the complaint stated a cause of action for negligence and not for breach of contract.

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Daniels v. Ark. Dep't of Human Servs., CA 01-911, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 10, 2002, Opinion Delivered
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Overview: Where employee was simply returning to office after lunch when accident occurred, employee was not carrying out employer's purpose or advancing employer's interest, and "going and coming" rule precluded workers' compensation benefits.

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Davis v. State, CA CR 01-509, COURT OF APPEALS OF ARKANSAS, DIVISIONS FOUR AND ONE, April 10, 2002, Opinion Delivered
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Overview: Where defendant was sitting in parked car, on a dark dirt road, within walking distance of store that was robbed, without car lights on or engine running, jury had sufficient evidence to convict defendant as an accomplice to aggravated robbery.

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European Motorsport Co. v. Dir. Arkansas Employment Security Dept., E 01-177, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 10, 2002, Decided
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Overview: Employee's actions could not have constituted deliberate disregard of her obligation to employer, as employer never told the employee that she could not take 12 weeks' maternity leave.

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Gibson v. Brooks, CA01-1138, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 10, 2002, Decided
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Overview: Personal injury victim's negligence suit was properly dismissed with prejudice under the civil rules where the first case was non-suited and the second case was involuntarily dismissed for failure to perfect service of process on the tortfeasor.

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Hardman v. State, CA01-1198, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 10, 2002, Decided
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Overview: Defendant waived his argument that the circuit court erred in failing to make written findings of fact with its denial of his request to transfer a pending murder charge to juvenile court by failing to object to the absence of written findings.

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Hendrickson v. State, CA 01-714, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, April 10, 2002, Opinion Delivered
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Overview: Where father presented evidence that he had not paid child support to mother, pursuant to an agreement between the parties, trial court erred by refusing to consider the applicability of doctrine of equitable estoppel to arrearages.

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Huff v. State, CA 01-919, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 10, 2002, Decided
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Overview: Where rules of civil procedure required State to serve wife with summons within 120 days of filing forfeiture petition, and State filed to comply with rule, trial court erred by failing to dismiss forfeiture proceeding.

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King v. Arnold, CA01-853, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 10, 2002, Decided
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Overview: Trial court erred by awarding real estate broker a commission where he failed to present evidence that he extended and rescheduled closing in a manner permitted under the sale contract; thus, condition precedent to earning fee was not met.

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