Arkansas, March, 2004, State Case law

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State Courts - Arkansas - March 24, 2004

Adametz v. Adametz, CA 03-782, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 24, 2004, Opinion Delivered
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Overview: Because a husband's interest in a limited liability company was merely speculative based on the fact that it had no operational history or goodwill, a trial court did not err by failing to award a wife a portion of the husband's interest.

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Bizzell v. Bizzell, CA 03-557, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 24, 2004, Decided
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Overview: In a child custody case, a trial court's decision to appoint an attorney ad litem after one parent rested their case was not erroneous because there was no set time limit for such an appointment, and the opposing party suffered no prejudice thereby.

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Cooper v. Barnes, CA03-1124, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 24, 2004, Decided
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Overview: A trial court did not err in changing custody from maternal grandparents to biological father, who was 16 when the child was born, where the father actively sought to have paternity established and voluntarily assumed financial responsibility.

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Curley v. Old Reliable Cas. Co., CA 03-129, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 24, 2004, Decided
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Overview: Partial collapse of insured's home from accumulation of snow did not fall within common understanding of "explosion," nor did that term as defined in the insurance policy cover such damage. The insurer was entitled to judgment as a matter of law.

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Delacey v. Delacey, CA 03-685, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 24, 2004, Decided
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Overview: In a divorce, the court properly divided the parties' property and awarded the wife custody of the two children, alimony, and attorney fees. For purposes of child support, the court erred in calculating the husband's income based only on one month.

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Ewings v. State, CA CR 03-440, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 24, 2004, Opinion Delivered
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Overview: Defendant's conviction for possession of cocaine with intent to deliver was affirmed based on evidence that he moved a backpack on a bus that contained cocaine. The trial court properly rejected the jury's illegal sentencing recommendation.

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Gillyard v. State, CACR03-926, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 24, 2004, Decided
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Overview: Where evidence showed defendant failed 14 out of 15 drug tests over two year period after conviction, and that he had not completed court-ordered drug treatment, evidence supported probation revocation even though it was State's first petition.

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Global Bus. Solutions v. Crossett Sch. Dist., CA03-683, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 24, 2004, Decided
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Overview: Corporation delivered equipment to a school district, but failed to receive payment from a bank or a financial company. Corporation was not entitled to replevin as title passed upon delivery.

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Greene County v. Vincent, CA03-940, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 24, 2004, Decided
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Overview: Employee had earlier back injury and history of back problems, particularly in L5-S1 regions of back where surgery was performed for new injury, but temporary total disability benefits were proper, as extent of new injury was previously undiagnosed.

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Miller v. Miller, CA 03-1177, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 24, 2004, Decided
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Overview: The trial court did not err in modifying the custody order and granting the mother sole custody, where the joint-custody arrangement was not working and the child requested that the mother be awarded sole custody.

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