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   State Courts - Arkansas - April 22, 2009
  
Hawk v. Osborn, No. CA08-746, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 22, 2009, Opinion Delivered
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Overview: A father's child support obligation was properly calculated by using his income from a subchapter S corporation because such was income under Ark. Sup. Ct. Admin. Order No. 10, ? 2; the circuit court did not err by failing to include just the amount that was distributed to the father.

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Hollins v. Hollins, No. CA08-1183, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 22, 2009, Opinion Delivered
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Overview: Circuit court lacked jurisdiction to enter second amended divorce decree relating to the division of a thrift savings plan because more than 90 days had passed since the entry of a first amended decree, there was no clerical error, and there was no oversight or omission; also, there were no findings regarding exceptions under Ark. R. Civ. P. 60(c).

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Jones v. Pontiac, CA08-1372, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 22, 2009, Decided
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Overview: In a workers' compensation case, a benefits claimant failed to show that an annular tear was related to a compensable injury that was suffered in 2001; the tear was not present in the magnetic resonance imaging (MRI) taken shortly after the injury, but it appeared on an MRI taken in 2007.

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Karupaiyan v. Metro. Emergency Med. Servs., No. CA08-1053, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 22, 2009, Opinion Delivered
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Overview: An order dismissing a husband and wife's negligence and racial discrimination action against an emergency medical service was upheld because the husband and wife failed to preserve their arguments for appeal; their arguments were procedurally barred.

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Lambert v. Lambert, No. CA 08-1123, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 22, 2009, Opinion Delivered
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Overview: In a divorce proceedings, a circuit court's award of certain payments into an wholesale account to an ex-husband was affirmed because the two payment transactions were directly traceable to a pre-marital CD owned by the ex-husband and an inheritance received by the ex-husband.

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Larry v. Red Carpet Empl. Agency, No. CA 08-1069, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 22, 2009, Opinion Delivered
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Overview: Court affirmed a workers' compensation commission's decision affirming a decision of an administrative law judge; substantial evidence supported the judge's finding that the employee was not totally incapacitated, given doctor testimony that the employee was exaggerating her pain, plus the commission was free to disbelieve the employee's testimony.

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Murry v. Furgason, No. CAO8-1088, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 22, 2009, Opinion Delivered
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Overview: Because the formalities required by Ark. Code Ann. ? 28-25-103 were not followed, given in part that the will was only signed in the presence of one witness and the testator's life partner, rather than the testator, asked two witnesses to attest the purported will, the trial court clearly erred in determining that the will was valid.

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Pharmerica v. Seratt, No. CA 08-1298, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 22, 2009, Opinion Delivered
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Overview: Where a faulty water heater in the pharmacy leaked carbon monoxide, the fire department evacuated the building; the employer had notice of an occupational injury suffered by a pharmacy technician such that the mandatory written notice requirement for a workers' compensation claim was excused under Ark. Code Ann. ? 11-9-701(b)(1).

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Putman v. Cox, No. CA08-1059, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 22, 2009, Opinion Delivered
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Williams v. State, No. CACR08-1001, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 22, 2009, Opinion Delivered
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