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| Adams v. Wacaster Oil Co., CA 02-199,
COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO AND THREE, March 5, 2003, Decided
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Overview: Trial court did not err in dismissing a crop duster's suit against a fuel seller, where the crop duster failed to give reasonable notice of the breach to the seller after accepting the wrong fuel for the crop duster's airplane.
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| Bowles v. Southwestern Bell Tel., CA02-357,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 5, 2003, Decided
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Overview: A finding against the employee in a workers' compensation action was proper, where portions of the physician's testimony exhibited a lack of certainty as to a causal connection between the compensable injury and the physical impairment rating.
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| Cloud v. Regions Invs. Co., CA 02-647,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 5, 2003, Opinion Delivered
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Overview: The investors failure to serve their motion to vacate an arbitration award within 120 days of a dismissal without prejudice and to initiate a proper motion within 90 days of proper service warranted dismissal of their motion with prejudice.
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| Cousins v. State, CACR 02-586,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 5, 2003, Decided
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Overview: The trial court was entitled to find the State proved defendant's sexual assault conviction violated his probation by a preponderance of the evidence and his argument that he was denied due process of law was unpreserved for appellate review.
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| Crenshaw v. Doubletree Corp., CA 02-490,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 5, 2003, Opinion Delivered
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Overview: Hotel van transporting guests to a restaurant for dinner was a private carrier and not a common carrier. Van driver did not breach the duty of ordinary care owed by a common carrier in not helping a guest exit the van.
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| Danner v. Bullock, CA 02-617,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 5, 2003, Decided
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Overview: The landowner failed to meet his burden of proving the use of the neighbors' roadway had been adverse to the their interests under a claim of right for the statutory period of seven years to establish an easement by prescription.
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| Fox v. Dep't of Human Servs., CA 02-488,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 5, 2003, Decided
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Overview: Substantial evidence supported decision placing step-father on Child Maltreatment Registry for sexual abuse of his step-daughter. Weight and credibility of the evidence was for the ALJ. Videotaped interview of victim was admissible.
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| Gause v. Shelter Gen. Ins. Co., CA 02-616,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 5, 2003, Opinion Delivered Decided
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Overview: A finding against the insured was improper, where the trial court effectively gave the insurer a setoff for its medical payments, which was erroneous, as it could not set off one payment under its policy for another under the same policy.
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| Gipson v. State, CACR02-304,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 5, 2003, Decided
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Overview: Rules of evidence did not apply at defendant's suspended imposition of sentence hearing; trial court found grounds to revoke defendant's suspended sentence. Sentence was not illegal where no term of imprisonment had been originally imposed.
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| Graves v. Stevison, CA 02-600,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 5, 2003, Opinion Delivered
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Overview: The trial court did not err by denying the father's petition for relief from a default judgment establishing his child support obligation where he failed to establish extrinsic fraud sufficient to set aside the default judgment.
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