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   State Courts - Arkansas - April 11, 2001

  
Barbee v. State, CACR 00-486, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 11, 2001, Decided
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Overview: Defendant's failure to move for directed verdict or dismissal prior to probation revocation sentencing prohibited appellate court from considering his argument about circumstances which contributed to revocation.

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Earnest v. State, CACR00-739, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 11, 2001, Decided
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Gillihan v. Gillihan, CA 00-648, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 11, 2001, Decided
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Overview: Trial court did not err in awarding wife alimony when divorce decree was rendered. Trial court properly applied factors in determining whether to award alimony and did not err in relying on husband end-of-year earnings.

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Murry v. State, CACR 00-980, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 11, 2001, Decided
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Overview: Because appellant failed to move for dismissal at the close of the evidence, his contention that the evidence was insufficient to show that he entered the building intending to commit a crime was not preserved for review.

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Omni Holding & Dev. Corp. v. Farm Bureau Mut. Ins. Co. of Ark., Inc., CA00-811, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 11, 2001, Decided
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Overview: Denial of insurance claim was affirmed as jury's finding that the owner of a combine was responsible for the combine's loss in a fire was supported by evidence from which the jury could have inferred the owner was responsible for the fire.

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Smith v. State, CACR 00-01039, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 11, 2001, Decided
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Overview: Rape and sexual abuse conviction was affirmed as the trial court properly permitted the State to re-open its case and have a witness clarify her testimony after the defendant filed a motion for a directed verdict.

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Soterra v. Albert, CA00-776, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 11, 2001, Decided
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Overview: The chancery court's order quieting title in landowners was remanded where the court decree did not describe the subject tract of land with sufficient specificity so that it could be identified solely by reference to the decree.

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Springs v. State, CACR99-715, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 11, 2001, Decided
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Overview: Revocation of suspended sentence upheld where sufficient evidence was presented he possessed and delivered drugs, contrary to law. Despite conflicting testimony on delivery issue, trial court's credibility assessment undisturbed.

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Tyler v. Talburt, CA 00-898, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 11, 2001, Opinion Delivered
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Overview: Arkansas chancery court lacked subject matter jurisdiction under the Uniform Interstate Family Support Act to consider a petition to modify the spousal support obligations contained in a Texas divorce decree.

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Vickers v. Morrison, CA00-914, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 11, 2001, Decided
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Overview: Trial court's admission of summary was proper; contractor could recover under quantum meruit even if he breached and did not substantially perform contract; contractor was obligated to exercise good faith and fair dealing in cost-plus contract.

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