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| Argo v. Ark. Dep't of Human Servs., CA05-1106,
COURT OF APPEALS OF ARKANSAS, April 12, 2006, Decided
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Overview: Where the trial court issued an order terminating parental rights, the mother waited three months before filing a motion to extend the time for filing a notice of appeal under Ark. R. App. P. Civ. 4(b)(3). While the mother was in jail, she failed to demonstrate due diligence in pursuing her appeal; the motion was properly denied.
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| Baird v. Culp, CA05-1086,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 12, 2006, Decided
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Overview: A trial court erred when it looked to merits of appellant's assault and outrage claims instead of limiting its focus to issue of damages where appellee was in default pursuant to Ark. R. Civ. P. 55(a) after he failed to file answer and failed to appear at hearing; trial court had earlier stated that they were in court primarily on proof of damages.
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| Delt v. Bowers, CA05-1048,
COURT OF APPEALS OF ARKANSAS, April 12, 2006, Decided
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Overview: A court dismissed plaintiffs' appeal of an order awarding summary judgment to unions in a negligence action because the order appealed from did not contain a proper Ark. R. Civ. P. 54(b) certificate. While the certificate attempted to certify an interlocutory appeal, it did not set forth specific factual reasons why an appeal could proceed.
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| Gordon v. Gordon, CA05-382,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 12, 2006, Decided
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Overview: Awarding father primary custody of the parties' children and ordering mother to pay child support was not clearly erroneous where the father established a material change in circumstances in that, after initial order of joint custody agreement, mother failed to exercise custody anywhere close to half the time or provide equal financial support.
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| Ignatiuk v. Ignatiuk, CA04-607,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 12, 2006, Decided
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Overview: Where a mother violated a court order by relocating her children to Florida for the purpose of frustrating a father's visitation rights, a trial court did not err by finding that a material change in circumstances had occurred and it was in the best interest of the children to make a change in custody.
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| Jones v. State, CACR 05-848,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 12, 2006, Decided
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Overview: Where defendant's niece accused him of engaging in sexual intercourse with her, defendant was properly convicted of rape. Because he denied the accusations, there was no rational basis for a lesser-included offense instruction. Defendant's challenge to the competency of his trial counsel was not preserved for appellate review.
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| Lee v. Lee, CA05-1141,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 12, 2006, Decided
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Overview: Although a father was not entitled to a full credit from the child support guidelines for the amount his children received from social security, those benefits were properly considered for purposes of a deviation under Ark. Sup. Ct. Admin. Order No. 10. The father had a duty to support, despite the fact that a trust met the children's needs.
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| Martin v. Scharbor, CA05-1016,
COURT OF APPEALS OF ARKANSAS, April 12, 2006, Decided
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Overview: Parties' child custody agreement was independent contract and, under Ark. Code Ann. § 9-14-107(a), father failed to show expenses he sought to modify were not in addition to and independent of child support. Mother showed material change in circumstances pertinent to visitation and was entitled to attorney's fee under Ark. Code Ann. § 9-12-309.
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| Moore v. State, CACR 05-1130,
COURT OF APPEALS OF ARKANSAS, April 12, 2006, Decided
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Overview: An order revoking defendant's probation for failure to pay restitution was upheld because once the State presented evidence of nonpayment, defendant did not offer any evidence at all. Because defendant offered no evidence to justify his failure to pay, the State's proof was sufficient to justify revocation of his probation.
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| Osborne v. Salmon, CA05-821,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 12, 2006, Decided
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Overview: Under Ark. R. Civ. P. 60(c)(4), a trial court had authority to set aside a judgment ordering the garnishment of funds from a trust fund to pay a child support obligation owed by a mother because she and the father committed a fraud upon the court by pursuing the action.
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