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   State Courts - Arkansas - May 23, 2001

  
Bell v. Office of Child Support Enforcement, CA 00-856, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 23, 2001, Decided
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Overview: Appeal from denial of motion to set aside order setting aside judgment of paternity dismissed as interlocutory where original complaint seeking to establish appellant as the father had not yet been adjudicated.

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Brewer v. State, CACR 00-1215, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 23, 2001, Decided
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Overview: Conviction for committing terroristic act appropriate where there was substantial competent evidence to support conviction, and ineffective assistance allegation unpreserved for review where it was not argued in trial court.

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Brown v. Varner, CA00-719, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 23, 2001, Decided
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Overview: Lessor posted signs, ran ads, and told others of the vacancy. Lessor's actions surpassed managing agent's prior actions; thus, her failure to use managing agent to re-lease property did not prove failure to mitigate her damages.

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Carter v. State Univ., CA00-1142, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 23, 2001, Decided
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Overview: Workers' compensation commission did not err by determining appellant failed to establish a compensable work-related injury brought on by a specific incident, identifiable by time and place of occurrence.

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Cogburn v. Ok Foods, Inc., CA00-1162, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 23, 2001, Decided
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Overview: Workers' compensation commission properly denied benefits for torn medial meniscus operation where considerable medical evidence indicated injury was not work-related, and decision was not contrary to weight of evidence.

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Cooper v. Cooper, CA00-853, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 23, 2001, Decided
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Overview: Order of contempt for violating divorce decree and modifying decree affirmed where there was no evidence showing that parties intended an independent property settlement agreement be enforceable separately from decree.

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Dial v. Dial, CA 00-864, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 23, 2001, Decided
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Overview: Former wife was entitled to portion of former husband's deferred retirement option plan account wherein he accumulated funds by continuing work after being eligible to retire; former wife was not entitled to interest in pre-marital home.

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Dillard v. Wade, CA 00-1200, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 23, 2001, Decided
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Overview: Sufficient evidence supported jury's verdict awarding damages to owners of one-third interest in timber when owner of two-thirds interest clear cut all timber without other owners' consent; one-third owners had a cause of action for conversion.

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Foster v. State, CACR 00-1235, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 23, 2001, Decided
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Overview: Photographic evidence that appellant tried to use the complainant's credit card to obtain money at an ATM machine was admissible, even though the times on the photographs did not match exactly with the ATM report.

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Garrett v. State, CACR 00-974, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 23, 2001, Decided
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Overview: Appellant's possession of single bag of drugs, less than one ounce, and a prior conviction for delivery of marijuana was insufficient to prove appellant's possession with the intent to deliver absent statutory presumption.

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