Arkansas, April, 2007, State Case law

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State Courts - Arkansas - April 11, 2007

2200 Commer. St. Warehousing v. Hastings Dev. Co., CA06-312, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 11, 2007, Decided
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Overview: Trial court erred in sua sponte awarding summary judgment to a seller of real estate in buyer's action for easement by merger, implied grant, estoppel, and prescription because the sua sponte grant of summary judgment deprived the buyer of the opportunity to meet proof with proof and demonstrate that issues of material fact remained to be decided.

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Allred v. State, No. CACR06-00702, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 11, 2007, Decided
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Overview: Appellate court declined to address merits of defendant's argument as to sufficiency of evidence where defendant's motion for directed verdict was general objection that did not apprise the trial court of the specific basis upon which the motion was made and was, thus, insufficient under Ark. R. Crim. P. 33.1(c) to preserve the argument on appeal.

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Berryman v. Bayyari, CA06-891, COURT OF APPEALS OF ARKANSAS, April 11, 2007, Decided
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Overview: Buyers' claims for specific performance of an oral agreement were dismissed where, pursuant to statute of frauds, Ark. Code Ann. ??4-59-101(a)(4), there was no writing signed by trustee. Buyers neither paid any part of the purchase price nor entered into possession of property, and did not rely on trustee's promise to build utility infrastructure.

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Bradley v. Ark. Dep't of Human Servs., CA 06-631, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 11, 2007, Decided
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Overview: Termination of parental rights was affirmed as court did not clearly err in concluding that mother was not prepared to take custody of her children at time of termination hearing, and there were grave concerns about mother's mental and emotional capability of providing safe and permanent home for her children, under Ark. Code Ann. ? 9-27-341(a)(3).

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Brandt v. Willhite, CA06-819, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 11, 2007, Decided
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Overview: Visitation with a maternal grandmother was improperly awarded because she failed to rebut the presumption under Ark. Code Ann. ? 9-13-103(c)-(e); although she had a significant and viable relationship with a child for 12 consecutive months, visitation was not in the child's best interest where there was no contact for many years.

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Bullington v. Red Roper Club, Ltd., CA06-701, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 11, 2007, Decided
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Overview: The circuit court did not err in granting a nightclub's motion to dismiss patrons' suit, on the grounds of res judicata, where the patrons' appeal and their only arguments pertained to the circuit court's alleged errors in the first lawsuit and did not make any arguments that the circuit court erred in dismissing the second lawsuit.

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Gamewell v. State, No. CACR06-882, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 11, 2007, Decided
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Overview: Evidence was sufficient to sustain defendant's conviction for possession of a firearm by a felon, Ark. Code Ann. ? 5-73-103, because, after defendant consented to a search, he stated that there was a shotgun under the bed, and officers testified, based upon their experience, that the disassembled firearm was a twelve-gauge shotgun.

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Harmon v. Wells, CA06-913, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 11, 2007, Decided
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Overview: Order awarding custody of illegitimate child to father pursuant to Ark. Code Ann. ? 9-10-113 was upheld where court did not err in not requiring father to prove material change of circumstances; although original visitation order did not set future date for custody hearing, order was temporary in nature because it did not resolve issue of custody.

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Holmes v. Holmes, CA06-110, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 11, 2007, Decided
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Overview: A father's petition for a custody change was granted in a case where a mother violated a court order by cohabitating with six different sexual partners and by failing to get along for the sake of the child; moreover, she lacked financial, residential, and employment stability. The change in custody was not due to the mother's sexual orientation.

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Johnson v. McKee Foods, CA06-1045, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 11, 2007, Decided
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Overview: Where a benefits claimant refused to pursue two jobs, reported that he was unable to work the jobs, and refused to accept or read mail that came to him in connection to job-placement assistance, substantial evidence supported the denial of wage-loss benefits under Ark. Code Ann. ? 11-9-505(b)(3).

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