Arkansas, April, 2002, State Case law

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State Courts - Arkansas - April 24, 2002

Ark. Dep't of Human Servs. v. Avaritt, CA 01-1055, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 24, 2002, Decided
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Barnes v. Barnes, CA01-1162, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 24, 2002, Decided
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Overview: Where there was no evidence presented to suggest that the needs of the children supported a finding that child support be ordered retroactively, trial court did not abuse its discretion by not ordering retroactive child support.

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Burnett v. Phila. Life Ins. Co., CA01-991, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 24, 2002, Decided
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Overview: Where only insurer was granted summary judgment, and claim was still pending against insurance agent, summary judgment order was not final, and appellate court lacked jurisdiction to hear beneficiary's appeal.

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Clarendon Nat'l Ins. Co. v. Roberts, CA01-1075, COURT OF APPEALS OF ARKANSAS, April 24, 2002, Decided
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Overview: Where trial court retained jurisdiction over awarding of fees, costs, interest, and statutory penalties after entry of summary judgment against insurer, appellate court was without jurisdiction to review insurer's appeal.

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Clayton Kidd Logging Co. v. McGee, CA 01-1256, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 24, 2002, Decided
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Overview: Where evidence showed that employee had compensable injury, and employer refused to return him to work and terminated him without reasonable cause, defendant was entitled to additional workers' compensation benefits for termination.

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Crockett v. State, CACR 01-1018, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 24, 2002, Decided
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Overview: Where defendant elected to represent herself in trial on speeding charge, defendant could not claim on appeal that the quality of her own defense amounted to a denial of effective assistance of counsel.

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Dunsworth v. State, CACR01-968, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 24, 2002, Decided
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Overview: Search of defendant's vehicle was incident to defendant's lawful arrest, as once officers arrested defendant, they were authorized to search his person as well as his vehicle and seize evidence of any crime.

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Eiland v. State, CACR01-1245, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 24, 2002, Decided
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Overview: Officers' observations, defendant's failure to pass three field sobriety tests, and her refusal to submit to blood alcohol content testing constituted substantial evidence to support her DWI conviction.

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Hart v. State, CA CR 01-838, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 24, 2002, Decided
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Overview: Where defendant admitted at trial that he was intoxicated when he assaulted police officer, wife's testimony about defendant's drinking and typical behavior when intoxicated was relevant and not highly prejudicial.

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Jag Consulting v. Eubanks, CA 01-1183, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 24, 2002, Decided
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Overview: Where man was charged with taking company's tools and equipment, but charges were dropped, and man successfully sued company for conversion, it was error to deny the company's motion for directed verdict, and case was reversed and remanded.

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