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| Amtran Corp. v. Finley, CA03-01191,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 28, 2004, Opinion Delivered
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Overview: Surgeon's recommendation that employee undergo surgical decompression and posterior lumbar interbody fusion, was stated within reasonable degree of medical certainty. Healing period was not reached and temporary total disability benefits were proper.
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| Ark. Dep't of Human Servs. v. Burgess, CA 03-1225,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 28, 2004, Opinion Delivered
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Overview: As father was never properly notified his name was being placed in Arkansas Child Maltreatment Central Registry and that he had a right to a hearing, the 30 days within which he would have been required to request a hearing never began to run.
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| Brown v. Blake, CA 03-828,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 28, 2004, Opinion Delivered
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Overview: In a partnership's appeal of an adverse judgment in a business dispute, a judgment was affirmed; given clear expression of intent of party making annexation to treat building as a chattel, trial court did not err in holding that it was not a fixture.
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| Carter v. City of Fort Smith, CACR03-00416,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 28, 2004, Opinion Delivered
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Overview: Evidence was sufficient to convict defendant of driving with a suspended license, where the jury believed the officers' testimony over that of defendant and her witnesses and defendant did not object to alleged improper remarks by jury foreman.
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| Dixon v. Salvation Army, CA 03-843,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 28, 2004, Opinion Delivered
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Overview: Workers' compensation commission erred in finding enrollee in non-profit's alcoholism program was not an employee and denying him benefits, where his work provided a benefit to non-profit and there was an implied employment relationship or contract.
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| Harrison v. Wood, CA03-1302,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 28, 2004, Opinion Delivered
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Overview: Where there had been changes in the circumstances of both a father and a mother, including improvement in the mother's parenting abilities and availability, a trial court did not err in changing child custody from the father to the mother.
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| Harvey v. State, CACR 03-784,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 28, 2004, Opinion Delivered
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Overview: After defendant rested and State made its closing argument, defendant made his closing argument and challenged evidence. Closing argument was not equivalent to a timely motion to dismiss at close of evidence. Sufficiency challenge was not preserved.
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| Johnson v. McCoy, CA03-990,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 28, 2004, Opinion Delivered
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Overview: In wrongful death action, summary judgment was properly granted to appellees, because complaint was not filed on behalf of all heirs, and decedent's widow was not appointed administrator until several days after complaint was filed.
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| Kemp v. State, CACR03-1228,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 28, 2004, Opinion Delivered
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Overview: Accomplice's conviction was affirmed, because sufficient circumstantial evidence excluded every other reasonable hypothesis other than that defendant acted as an accomplice in the commission of a robbery.
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| McArthur v. State, CACR03-520,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 28, 2004, Decided
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Overview: In a criminal appeal, the court held that defendant's presence in a residence that contained items associated with the manufacturing of methamphetamine was sufficient to support his conviction for drug offenses.
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