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| Jones v. Office of Child Support Enforcement, CA06-965,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 2, 2007, Decided
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Overview: Trial court did not abuse its discretion by refusing to set aside a default judgment under Ark. R. Civ. P. 55(c) in a case where a purported biological father's paternity was established because he did not offer evidence to show that a mother committed fraud by alleging that he was the father; moreover, the doctrine of unclean hands did not apply.
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| Lexicon, Inc. v. Serna, CA06-1203,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 2, 2007, Decided
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Overview: Employee proved by preponderance of evidence that his complaints of back pain were causally related to accident in which he was struck on head by falling piece of steel where medical evidence supported multiple complaints of pain involving employee's head, neck, and back. The employer's doctor ordered a MRI, which revealed a mild defuse disc bulge.
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| Lyons v. McInvale, CA06-1146,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 2, 2007, Decided
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Overview: Trial court did not err in not awarding husband interest on a credit card after holding that he was entitled to payment from his former wife in amount of $ 1,413 because husband admitted that he had charged additional items on the credit card, which were included in the payoff, although he did not have any documentation of amounts that he charged.
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| McDaniel v. State, CACR06-00941,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 2, 2007, Decided
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Overview: Order revoking defendant's suspended sentence and imposing five years previously suspended was upheld where employee at sheriff's office testified that she had received no payments of fines or costs in defendant's case. Defendant testified that he knew that he had obligation to pay fines and admitted that he had not paid any of the fines or costs.
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| Phillips v. Cavanaugh Free Will Baptist Church, Inc., CA05-1010,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 2, 2007, Decided
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Overview: Summary judgment was properly awarded to a church in a mother's negligence action asserting that her daughter was injured at the church's daycare facility when another child pushed her off of a playground device because there was no evidence of an intentional failure on the part of the church to perform a manifest duty.
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| Powell v. Townsell, CA06-1097,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 2, 2007, Decided
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Overview: In a case in which firefighters sued a city claiming that a promotional exam they took was changed at the last minute to an unexpected format, a judgment in favor of the city was reversed, where too many issues remained unresolved to warrant the entry of summary judgment.
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| Rhoden v. State, CACR06-860,
COURT OF APPEALS OF ARKANSAS, May 2, 2007, Decided
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Overview: Defendant's convictions were overturned because he was not brought to trial within 12 months as required by Ark. R. Crim. P. 28.1. State failed to present sufficient evidence to make 84-day continuance attributable to him; associated docket sheet was neither part of transcript submitted to circuit court nor independently verified by district court.
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| Rodrigo v. State, CACR06-1092,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 2, 2007, Decided
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Overview: Defendant entered a conditional guilty plea. Under Ark. R. Crim. P. 24.3(b), because defendant's notice of appeal stated that he appealed from the adverse rulings on his motion to suppress and not from his judgment of conviction, the appellate court was deprived of jurisdiction to hear his appeal. Thus, the appellate court dismissed his appeal.
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| Roy v. State, CACR06-652,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 2, 2007, Decided
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Overview: Evidence was sufficient to sustain a first-degree murder conviction because the evidence showed that defendant and the decedent had been arguing, defendant threatened to shoot the decedent, defendant left the decedent's home, and defendant admitted that he emptied a revolver at the decedent, hitting him five times in the head and neck.
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| Synnott v. Fox Ridge Estates , CA 06-919,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 2, 2007, Decided
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Overview: Because Arkansas Workers' Compensation Commission found that parking lot of dry cleaners was accessible, claimant's decision to bypass lot to buy beverage at another store was a departure that did not carry out her employer's purpose or advance its interest. Thus, under Ark. Code Ann. § 11-9-102(4)(B)(iii), claimant's injuries were not compensable.
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