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   State Courts - Arkansas - April 25, 2001

  
Cantrell Realty Co. v. Simmons First Nat'l Bank, CA00-996, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 25, 2001, Decided
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Overview: Directed verdict for real estate seller was proper as no fact issue existed. The parties unequivocally agreed no commission would be paid unless the relevant property was sold during a certain time frame and sale occurred 17 months later.

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Carpenter v. Ziomek, CA 00-961, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 25, 2001, Decided
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Overview: Trial court did not abuse discretion in refusal to allow evidence of suspension of doctor's privileges to perform different surgery from that complained of, or evidence of doctor's admission of mistake following surgery other than one complained of.

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Fornes v. State, CACR 00-920, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 25, 2001, Decided
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Overview: Denial of a motion to suppress was proper even though the affidavit seeking a search warrant failed to establish the veracity of the informant; when viewed as a whole, it provided a substantial basis to believe that contraband would be found.

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Gant v. State, CACR 99-546, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 25, 2001, Decided
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Overview: First degree murder conviction upheld. Trial court did not abuse its discretion in denying directed verdict motion, in admission and exclusion of evidence, and deciphering between conflicting evidence. Appeal was thus without merit.

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Haynes v. Haynes, CA 00-1105, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 25, 2001, Decided
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Overview: In appellant's answer to appellee's interrogatories, he confirmed he was aware of the debt at the time the divorce decree was entered; this was a primary consideration in appellee's not taking half the marital estate.

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Justice v. Little Rock Sch. Dist., CA 00-559, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 25, 2001, Decided
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Overview: School district that employed injured dance instructor did not authorize employee to change her primary care physician. Additional workers' compensation benefits were properly denied.

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Kovach v. Flying Saucer Draught Emporium, CA 00-1005, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 25, 2001, Decided
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Overview: Where workers' compensation claimant asserted that he sustained a hernia lifting a 200-pound keg but did not experience severe pain immediately thereafter and left work at end of shift, injury was not compensable.

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Newton v. State, CA CR 00-1057, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 25, 2001, Decided
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Overview: The object removed from appellant's pants during the patdown consisted of a set of scales enclosed in a hard carrying case, a baggie of methamphetamine in rock form, and a baggie of methamphetamine in powder form.

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Osborn v. City of Fort Smith, CA 00-1028, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 25, 2001, Decided
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Overview: Impairment rating and wage loss properly denied, where fireman's herniated disk was caused by a prior four-year old injury. Medical opinion failed to set forth new objective findings as a result of second injury.

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Patterson v. Mitchell Mach. Co., CA00-605, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 25, 2001, Decided
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Overview: Claim for additional workers' compensation benefits barred by statute of limitations. Medical records showing only visits and payments did not show treatment reasonably necessary in connection with his injuries.

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