Arkansas, March, 2003, State Case law

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State Courts - Arkansas - March 13, 2003

City of Dover v. City of Russellville, 02-308, SUPREME COURT OF ARKANSAS, March 13, 2003, Opinion Delivered
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Overview: An owner of property had standing to challenge an election that resulted in the annexation of its property, despite the fact that the owner was a municipal corporation.

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Coca-Cola Bottling Co. v. Gill, 01-768, SUPREME COURT OF ARKANSAS, March 13, 2003, Opinion Delivered
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Overview: Because a custodian working in a corporate owner's concession trailer was a foreseeable plaintiff to whom the owner owed a duty of ordinary care, the judgment against the owner for the custodian's injury due to electrical shock was affirmed.

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Conley v. State, CR 02-779, SUPREME COURT OF ARKANSAS, March 13, 2003, Decided
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Cook v. State, CR 02-140, SUPREME COURT OF ARKANSAS, March 13, 2003, Decided
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Overview: Defendant failed to adequately abstract the record as required, because defendant's claims referred to matters that occurred at trial, but defendant failed to abstract his trial.

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Dodge v. Lee, 02-521, SUPREME COURT OF ARKANSAS, March 13, 2003, Opinion Delivered
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Overview: Trial court abused its discretion in dismissing claims filed in response to a defamation action merely because they were improperly designated as cross-claims. Court should have recognized them as counter-complaints and let them stand.

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First Nat'l Bank of Dewitt v. Cruthis, 02-610, SUPREME COURT OF ARKANSAS, March 13, 2003, Opinion Delivered
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Overview: The refusal of the circuit court to grant the bank's motion to dismiss was improper, where the farmers' action arose out of the same set of circumstances as the bank's complaint and therefore must have been brought as a compulsory counterclaim.

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Flowers v. State, CR 02-1359, SUPREME COURT OF ARKANSAS, March 13, 2003, Decided
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Gipson v. State, CR 03-44, SUPREME COURT OF ARKANSAS, March 13, 2003, Decided
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Overview: Defendant's motion to proceed with a belated appeal was denied, where defendant stated no good cause for his failure to conform to the rules of procedure for perfecting an appeal.

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In re Ark. Rules of Civ. Procedure, [NO NUMBER IN ORIGINAL], SUPREME COURT OF ARKANSAS, March 13, 2003, Delivered
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Johnson v. State, CR 03-170, SUPREME COURT OF ARKANSAS, March 13, 2003, Opinion Delivered
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Overview: Motion to withdraw as counsel of record on defendant's appeal of defendant's conviction of first-degree murder filed by full-time state-salaried public defender, with full-time state-salaried secretary, was granted. Private counsel was appointed.

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