Arkansas, April, 2003, State Case law

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State Courts - Arkansas - April 9, 2003

Ashley v. Dir., E02-143, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 9, 2003, Decided
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Overview: Administrative agency did not err in refusing to accept a late appeal of the denial of worker's claim for unemployment compensation, where the worker filed the appeal on the 20th working day after the decision, rather that the 20th calendar day.

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Clifton v. State, CACR02-686, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 9, 2003, Decided
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Overview: There was substantial evidence to support defendant's conviction for third-degree battery, where the victim and a witness testified that defendant knocked the victim into a rail. The jury could believe the victim's testimony over defendant's.

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Dodds v. Bank of the Ozarks, CA02-904, COURT OF APPEALS OF ARKANSAS, April 9, 2003, Decided
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Overview: Where trial court's certificate of appeal did not contain reasons for trial court's entry of final judgment, but rather contained reasons for trial court's judgment on the merits of the case, the certificate was insufficient to permit an appeal.

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Estate of Byrd v. Tiner, CA 02-439, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 9, 2003, Opinion Delivered
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Overview: The dismissal of the wrongful death action against the driver was proper where the estate was statutorily barred from bringing the action because the limitations period had expired.

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Foote v. Pine Bluff Sch. Dist., CA02-806, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 9, 2003, Decided
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Overview: The parents' conclusory allegations that the school district committed the intentional tort of outrage by failing to properly administer their son's medication at school was properly dismissed for failure to establish liability or cause in fact.

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Harbor Distrib. Co. v. Caldarera, CA02-1088, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 9, 2003, Decided
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Overview: Evidence supported finding that surgery to correct worker's back injury was necessary to treat the worker's present back injury, not a preexisting condition, and that worker was entitled to additional benefits because healing period had not ended.

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Harrison v. Ark. Dep't of Human Servs., CA02-212, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 9, 2003, Decided
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Overview: The Arkansas Department of Human Service's disqualification of the day care operators from participating in a voucher program was proper where the operators engaged in fraud in their billing practices.

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Hendrickson v. State, CACR02-814, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 9, 2003, Decided
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Overview: The trial court did not err by not dismissing defendant's charges for lack of jurisdiction and venue where the act of fleeing that began in one county and ended in another meant that jurisdiction was proper in either county.

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Hershman v. Fountain, CA02-644, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 9, 2003, Decided
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Overview: The trial court did not abuse its considerable discretion in deciding to impute income to the mother and ordering her to pay child support based on that amount, where she was voluntarily unemployed and nothing prevented her from working.

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Howerton v. State, CACR02-836, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 9, 2003, Decided
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Overview: The State was not required to prove possession of marijuana or methamphetamine was a violation of state law at defendant's probation revocation hearing, as the trial court could take judicial notice of laws whether requested or not.

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