Arkansas, April, 2002, State Case law

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State Courts - Arkansas - April 17, 2002

Bishop v. Norton, CA 01-1074, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 17, 2002, Decided
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Overview: Trial court did not err in dismissing client's suit against attorney, as valid service of process was not effected on attorney, as it was not within 120-day time period as required. Attorney made timely objection to lack of proper notice.

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Boxley v. Boxley, CA 01-1141, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 17, 2002, Opinion Delivered
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Overview: Trial court did not err by allocating marital debt, where wife had substantially less income, as husband could enforce her obligation under decree, and properly confirmed commissioner's sale of marital property.

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Bratton v. State, CA CR 01-765, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 17, 2002, Opinion Delivered
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Overview: Trial court properly refused to suppress evidence of contraband seized from defendant's vehicle; officer's interest in investigating an accident did not render his inventory an "unreasonable search" under the Fourth Amendment.

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Claims Management, Inc. v. Westbrook, CA 01-1282, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 17, 2002, Opinion Delivered
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Overview: Substantial evidence supported workers' compensation commission's finding employee suffered a work-related shoulder injury and that he was entitled to TTD benefits and PPD benefits associated with a three percent permanent impairment rating.

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Engelke v. Chelstrom, CA01-981, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 17, 2002, Decided
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Overview: Where evidence suggested that property owners use of club's property was too sporadic to meet requirement of continuous and uninterrupted to establish prescriptive easement, trial court did not err in denying owners prescriptive easement claim.

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Greer v. State, CA CR 01-1033, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 17, 2002, Opinion Delivered
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Overview: Where evidence at trial failed to demonstrate that defendant intended to permanently deprive mother of automobile, there was not sufficient evidence of felony theft, but evidence was sufficient to support conviction on reduced charge.

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Guy v. State, CACR 01-1179, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 17, 2002, Decided
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Overview: Where a confidential informant purchased crack cocaine from defendant's place of residence with defendant present during the buy, evidence was sufficient to support revocation of defendant's suspended sentence.

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Hartwick v. Hill, CA 01-891, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 17, 2002, Opinion Delivered
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Overview: Where landowner failed to appeal from trial court's final order granting roadway to neighbors, appeal of later collateral order was ineffective to bring up for appellate review actions of trial court memorialized in the earlier, final order.

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Holt Bonding Co. v. State, CA 01-928, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 17, 2002, Opinion Delivered
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Overview: Once the trial court made a docket entry noting defendant's failure to appear, it was mandatory pursuant to statute to promptly notify surety of the failure to appear, and failure to do so required reversal of bond forfeiture.

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Lewis v. Reed Lewis Temps., CA01-1031, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 17, 2002, Decided
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Overview: Where employee had been released to return to work several years earlier, ample evidence supported finding that employee failed to prove pain management therapy was reasonable and necessary to treat employee's injury.

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