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| Evans v. Evans, CA06-517,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 7, 2007, Decided
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Overview: In a dispute between an uncle and a nephew, the nephew's motion to dismiss for untimely service of process under Ark. R. Civ. P. 4(i) was properly denied because even though the record contained no written motion filed in June, the August order for enlargement of time for service of process unequivocally referenced that a motion was made.
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| Ganter v. Ark. HHS, CA06-1229,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 7, 2007, Filed
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Overview: Even if a mother were to prevail about improvements in her home, the circuit court's judgment terminating the mother's parental rights was affirmed, where the mother did not challenge the circuit court's alternative ground for termination--that she had been indifferent to, or unable to remedy, her psychological problems.
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| Gill v. State, CA CR 06-697,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 7, 2007, Decided
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Overview: First defendant repeatedly kicked the second victim in thigh, causing physical injury; thus, he was properly convicted of third-degree battery, Ark. Code Ann. §§ 5-13-203, 5-1-102(14). Also, second defendant was guilty of second-degree battery because the second victim suffered serious physical injury, Ark. Code Ann. §§ 5-13-202(a)(1), 5-1-102(21).
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| Hassan v. State, CACR06-929,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 7, 2007, Decided
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Overview: Circuit court properly sentenced defendant to serve a term in the county fail for failure to pay fines and court costs, Ark. Code Ann. § 5-4-203, where defendant did not pay the fines because he felt justified in not doing so. Judgment and commitment order had to reflect a twenty-four day term in the county jail.
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| Heydenreich v. Heydenreich, CA06-605,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 7, 2007, Decided
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Overview: Under Ark. Code Ann. § 9-12-315, because trial court offered no explanation, either from the bench or in its written order, for failure to divide equity in marital residence, matter was remanded to trial court. Trial court did not err in awarding ex-wife $ 150 per week in alimony as she was in poor health and her income was unequal to ex-husband's.
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| Hodges v. John F. Jenkins Contr., Inc., CA06-591,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 7, 2007, Decided
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Overview: Oral contract between company and contractor for excavation work was for sale of services, not goods or an interest in land, and therefore was not subject to statute of frauds, Ark. Code Ann. § 4-2-107(1). Company promised to pay contractor to remove dirt; thus, contractor was the seller, the company the buyer, and services, not dirt, were sold.
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| Johnson v. Ark. HHS, CA06-1105,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 7, 2007, Decided
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Overview: Court erred by terminating a mother's parental rights, Ark. Code Ann. § 9-27-341, because the record showed that the mother remained drug free for seven months preceding the termination hearing and regularly visited the children for nearly four months preceding the termination hearing; therefore, she was not indifferent to remedying her conditions.
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| Joyce McCain Harms Revocable Trust v. Rogers, CA06-480,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 7, 2007, Decided
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Overview: Where a circuit court entered an order granting plaintiffs' petition to establish a private road and awarding damages, the parties' appeal and cross-appeal were dismissed because the order was not final since it required a survey, envisioned objections, and stated that a subsequent order would be entered setting out the ultimate road description.
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| McIntosh v. Ark. HHS, CA 06-798,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 7, 2007, Decided
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Overview: Court properly terminated a mother's parental rights, Ark. Code Ann. § 9-27-341, because the mother's boyfriend was sexually abusing one child, and at the termination hearing there was testimony that the mother had missed counseling sessions and that she had lost her job through which she had been receiving counseling.
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| Merritt v. State, CACR 06-582,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 7, 2007, Decided
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Overview: In defendant's rape case, a court did not err in refusing to sever the charges, Ark. R. Crim. P. 22.2, because there were substantial similarities in that defendant had the common scheme of tying the victims' hands and gagging them and each criminal episode evidenced defendant's proclivity to force sex upon elderly women.
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