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| Goodwin v. Unifund CCR, CA 06-717,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 28, 2007, Decided
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Overview: Summary judgment was properly granted in favor of creditor in its suit against debtor to collect credit card debt where, pursuant to Ark. R. Civ. P. 36, the debtor admitted liability for the debt claimed by the creditor by his failure to respond to the requests for admission; with liability established, there remained no material facts in dispute.
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| Handy v. State, CACR06-781,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 28, 2007, Decided
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Overview: Court did not err in denying defendant's motion for directed verdict during his trial for first-degree battery, contrary to Ark. Code Ann. § 5-13-201(a)(1), where State proved that victim suffered "serious physical injury," as defined in Ark. Code Ann. § 5-1-102(19), after defendant stabbed him below his eye; the victim's injuries required surgery.
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| Hunter v. Ark. HHS, CA06-884,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 28, 2007, Decided
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Overview: Where the mother of two children refused to take her medicine for schizophrenic paranoia and the father was incarcerated, the evidence was sufficient to support the order terminating their parental rights under Ark. Code Ann. § 9-27-341. Appointed counsel was relieved, as she filed a brief showing there were no meritorious grounds for reversal.
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| Locket v. Ark. Children's Hosp. Risk Mgmt. Res., CA06-783,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 28, 2007, Decided
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Overview: Where the medical evidence was either silent on causation or specifically found that a claimant's carpel tunnel syndrome was not work-related, the claimant was not entitled to benefits due to a lack of a causal connection under Ark. Code Ann. § 11-9-102(4)(A)(ii), (E)(ii).
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| Miller v. Centerpoint Energy Res. Corp., CA06-668,
COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO AND THREE, February 28, 2007, Decided
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Overview: Motion to dismiss filed by energy company should not have been granted because claim was not time barred under Ark. Code Ann. § 16-62-102(c)(1) where it was filed within three years of death, but not within three years of an accident; there was no negligence claim filed by a decedent or on his behalf prior to the filing of a wrongful-death action.
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| Ridenhour v. State, CA 06-867,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 28, 2007, Decided
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Overview: Trial court erred in ordering forfeiture of appellant's truck pursuant to complaint filed by State of Arkansas where appellant's mere possession of marijuana did not satisfy requirements set forth in Ark. Code Ann. § 5-64-505(a)(4)(A); State failed to establish that the truck was being used to transport marijuana for the purpose of sale or receipt.
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| Samaripas v. Ark. Dep't of Human Servs., CA 06-992,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 28, 2007, Decided
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Overview: The trial court properly terminated the father's parental rights based on Ark. Code Ann. § 9-27-341(c)(2)(A) because the father never established significant contacts with the child before or during his incarceration. Adoption was an appropriate placement plan for the child and termination of the father's rights was in the child's best interests.
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| Tinjero v. Dep't of HHS, CA06-894,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 28, 2007, Decided
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Overview: Pursuant to Ark. Code Ann. § 9-27-341(b)(3)(B)(i)(a), the father's parental rights were properly terminated where he failed to demonstrate the ability to properly care for his son by failing to maintain stable housing, attend therapy sessions, obtain his driver's license; he remained no closer to being able to parent his child.
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| Wagner v. Wagner, CA 06-951,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 28, 2007, Decided
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Overview: Order awarding custody of a child to father was upheld where he had more stable family environment, he would have new half-sibling with whom child would enjoy relationship, and he had shown greater degree of commitment to child's religious upbringing; there was evidence that mother had intermittent relationships with men whom she labeled "fiances."
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| Williams v. Hall, CA06-502,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 28, 2007, Decided
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Overview: Trial court erred in refusing to set aside confirmation of judicial sale of land held by grandsons to satisfy attorney's lien for representation of one grandson; grandson was not afforded due process before his interest in property was ordered to be sold, Ark. Code Ann. §§ 18-60-401 and -403, and attorney's lien rendered the order void as to him.
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