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   State Courts - Arkansas - May 19, 2004

  
Ark. Dep't of Human Servs. v. Mays, CA03-901, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 19, 2004, Decided
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Overview: Termination of parental rights petition was properly denied as Arkansas Department of Human Services failed to show that adoption was in the best interest of child, who had extraordinary medical needs; long-term foster care for child was appropriate.

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Bial v. State, CACR 03-1070, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 19, 2004, Decided
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Overview: Evidence was sufficient to support theft conviction where defendant was found in a van with an open sliding back door, a farm store's tractor parked behind it, defendant departed upon seeing an officer, and the gate to the store was down on one end.

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Bio-Tech Pharmacal, Inc. v. Int'l Bus. Connections, LLC, CA 03-46, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 19, 2004, Opinion Delivered
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Overview: Where a manufacturer had historically paid for materials supplied pursuant to purchase orders with a supplier despite the failure to comply with the order's term requiring written confirmation, the purchase orders were not considered an offer.

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Certified Sys. v. Farris, CA03-955, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 19, 2004, Decided
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Overview: On employer and insurer's appeal from ruling in workers' compensation case, judgment was affirmed; no evidence established that claimant's delay in surgery exposed them to any risk for which they would not have otherwise been responsible.

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Chase v. Ark. Dep't of Human Servs., CA 03-1246, COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO AND THREE, May 19, 2004, Decided
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Overview: A father's parental rights were properly terminated, where the child had been living away from the home for more than 12 months, and the father had neglected the child's medical and educational needs during a trial placement of the child.

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Hall v. Hall, CA 03-941, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 19, 2004, Decided
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Overview: In husband's appeal of divorce, judgment was affirmed; husband did not demonstrate that alimony award constituted abuse of discretion and trial court properly refused to enforce settlement agreement without husband's full disclosure.

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Johnson v. Johnson, CA03-359, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 19, 2004, Decided
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Overview: Where a divorce decree provided that a life estate in realty was marital property with the parties being tenants in common and the former husband was excluded from the property, the husband was entitled to one-half the reasonable rental value.

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Lenox v. State, CACR03-197, COURT OF APPEALS OF ARKANSAS, May 19, 2004, Decided
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Overview: Sufficient evidence existed to support defendant's conviction for kidnapping as defendant participated in a ruse to get the victim to go along with him and his accomplice, and did so with the intent of beating up the victim.

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Murdock v. State, CACR 03-920, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 19, 2004, Decided
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Overview: Sufficient evidence existed to support defendant's conviction for murder as victim was fine when mother left, defendant was the only person with victim when injuries occurred, and pathologist testified victim's injuries were caused by severe trauma.

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Nicholson v. Wells, CA03-973, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 19, 2004, Decided
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Overview: Where owners of a common driveway had both used it for more than 50 years to access their separate carports, one owner's use was adverse so as to ripen into title by limitation and the other was enjoined from constructing a fence on the driveway.

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