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| Estate of Brooks v. Geer, CA05-1012,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 24, 2006, Decided
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Overview: Judgment was properly awarded to daughter in suit challenging the validity of testator's 2002 will where appellants' evidence did not reach standard of clear, cogent, satisfactory, and convincing evidence necessary to prove agreement not to revoke will; everyone who testified for appellants was beneficiary or related to beneficiary under 1979 will.
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| Lambert v. State, CACR05-1147,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 24, 2006, Decided
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Overview: Appellate court affirmed defendant's conviction for rape and held that the trial court did not abuse its discretion by ruling that evidence as to whether the victim's mother had hit the victim with belt was not relevant under Ark. R. Evid. 401 as the evidence would not make it more or less likely that defendant committed rape.
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| Liaromatis v. Baxter County Reg'l Hosp., CA05-1096,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 24, 2006, Decided
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Overview: Appellate court affirmed the denial of a claimant's request for workers' compensation benefits as the claimant was unable to prove the existence of a new injury as required by Ark. Code Ann. § 11-9-102 as the objective medical findings were unchanged from the claimant's prior work-related injury.
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| Lineberry v. Riley Farms Prop. Owners Ass'n, CA05-399,
COURT OF APPEALS OF ARKANSAS, May 24, 2006, Decided
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Overview: An order awarding judgment to a property owners association in its action against an owner for violating two restrictive covenants by possessing a bobcat and erecting a fence that was not in compliance with a covenant was upheld where trial court did not abuse its discretion in failing to give the owner's proffered jury instruction on wild animals.
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| McGriff v. Addus Healthcare, Inc., CA05-1318,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 24, 2006, Decided
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Overview: In a worker's compensation matter, the Arkansas Workers' Compensation Commission properly denied the worker's request for benefits as the Commission's evidence was supported by substantial evidence because, inter alia, employee waited four days before treatment and she did not complain at her work place until nearly a month after the incident.
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| Millwood-RAB Mktg. v. Blackburn, CA05-1259,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 24, 2006, Decided
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Overview: Summary judgment was properly awarded to members in their breach of contract action against country club because while club could change rules and regulations of resort, it could not retract core provision of membership agreements concerning guest privileges in doing so; award of attorney fees to members was proper under Ark. Code Ann. § 16-22-308.
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| Norman v. Randle, CA 05-1326,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 24, 2006, Decided
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Overview: Appellate court affirmed a trial court judgment that gave plaintiff immediate possession to the property at issue because defendant had been a tenant on the property and the statute of limitations in Ark. Code Ann. § 18-61-104 did not begin to run until November 2004 when the quit and vacate notice by plaintiff was given.
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| Pablo v. Crowder, No. CA 05-1417,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 24, 2006, Opinion Delivered
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Overview: Trial court could have reasonably found that appellant committed domestic abuse under Ark. Code Ann. § 9-15-103(2) by inflicting fear of imminent physical harm, bodily injury, or assault where appellee testified that he grabbed her, screamed obscenities in her face, and burst a beer bottle behind her at a party, causing her to fear for her safety.
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| Pace v. City of Benton, CA05-1392,
COURT OF APPEALS OF ARKANSAS, May 24, 2006, Decided
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Overview: An order denying an employee's claim for vocational disability benefits pursuant to Ark. Code Ann. § 11-9-505(b)(1) (2002) was upheld where a vocational expert opined that, at the time the employee's condition stabilized, he retained transferable skills that should have allowed him to reenter the workforce with comparable employment as a fireman.
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