Arkansas, April, 2003, State Case law

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State Courts - Arkansas - April 16, 2003

Allstate Ins. Co. v. Antoon, CA02-577, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 16, 2003, Decided
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Overview: A finding in favor of the insureds was proper where the insurer offered a deceased neighbor's statement to support its theory that the insureds committed arson and the statements were no more probative than the testimony of expert witnesses.

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Apollo Coating RCS, Inc. v. Brookridge Funding Corp., CA 01-1415, COURT OF APPEALS OF ARKANSAS, DIVISIONS FOUR AND ONE, April 16, 2003, Opinion Delivered
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Overview: Trial court erred in refusing to enter findings of fact and conclusions of law upon receipt of a timely request. Appellate court holding in a previous case was limited and overruled to the extent it conflicted with the present ruling.

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Arkansas Appraiser Licensing and Certification Bd. v. Maris, CA 02-855, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 16, 2003, Decided
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Overview: The suspension of the appraiser's license was proper where his conduct consisted of the type of conduct that the Arkansas Appraiser Licensing and Certification Board was charged with overseeing and preventing.

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Bates v. Gilbert, CA02-869, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 16, 2003, Decided
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Overview: Where the seller of a well-drilling business subsequently aided his son to create a competing well-drilling business, the evidence established a substantial breach of the parties' contract's covenant not-to-compete.

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Beaver v. John Q. Hammons Hotels, Inc., CA 02-1106, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 16, 2003, Opinion Delivered
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Overview: Collateral estoppel did not bar an unsuccessful workers' compensation claimant from bringing an action against the hotel where she was injured attending a seminar where appellate decision in workers' compensation case did not address causation.

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Brown v. State, CACR 02-279, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 16, 2003, Decided
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Overview: In child sexual abuse trial, defendant's prior misconduct showed defendant demonstrated a pattern of fondling the genitalia of children. Even though the prior acts occurred years ago, they were properly admitted under the pedophile exception.

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Burt v. Ark. Dep't of Human Servs., CA02-585, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 16, 2003, Decided
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Overview: The mother's parental rights were properly terminated where, despite meaningful efforts to rehabilitate the home and remedy the conditions causing removal, the mother had not done so and was not a fit and proper parent.

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Care Manor v. Wheeler, CA02-414, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 16, 2003, Decided
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Overview: The employee's testimony and the medical evidence provided substantial evidence that the employee's rotator cuff tear resulted from an independent cause and that the aggravation was a compensable injury.

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Davis v. Estate of Davis, CA02-833, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 16, 2003, Decided
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Overview: Where decedent was hospitalized just before death, and executrix facilitated decedent's removal of heir's name from certificates of deposit and the addition of her own name, based partly on bank employee's testimony, there was no undue influence.

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Davis v. Taylor, CA02-670, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 16, 2003, Decided
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Overview: Trial court erred by denying the victim's motions in limine to preclude evidence that the bills of her chiropractor were excessive and by allowing the driver to impeach him with a past conviction merely to establish the excessiveness of his bills.

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