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   State Courts - Arkansas - August 28, 2002

  
Beaver v. John Q. Hammons Hotels, L.P., CA02-62, COURT OF APPEALS OF ARKANSAS, August 28, 2002, Decided
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Overview: Plaintiff's appeal of the trial court's grant of the named defendants' motion for summary judgment was dismissed, where the claims against three John Doe defendants were never expressly dismissed and were still pending.

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Doug's Elec. Serv. v. Miller, CA 01-1343, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, August 28, 2002, Opinion Delivered
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Overview: Merger of dominant and servient estates did not extinguish access easement where prior quiet title action reaffirmed easement in favor of dominant estate and merger did not result in single ownership prior to quiet title action.

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Garland v. Garland, CA 01-1194, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, August 28, 2002, Opinion Delivered
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Overview: Trial court erred by finding a prior separation agreement awarding a portion of the husband's retirement benefits to the wife was unenforceable and that the wife had waived that right by subsequently remarrying and later divorcing him.

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Green v. Pine Bluff Civ. Serv. Comm'n, CA01-1357, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, August 28, 2002, Decided
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Overview: Appeal from action of civil service commission was dismissed where the employee neither filed the record nor an affidavit showing that the clerk of the inferior court refused or neglected to prepare the record within the 30-day period to appeal.

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Hammons v. Adair, CA01-1433, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, August 28, 2002, Decided
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Overview: The evidence was sufficient to support the finding that the neighbor's survey was credible in establishing the boundary line between the parties' properties. The trial court had the right to give greater weight to the neighbor's survey.

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Hartrick v. Eldridge, CA02-48, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, August 28, 2002, Decided
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Overview: Trial court did not err in finding that the dealership disclaimed the implied warranty of merchantability, as no implied warranties arose; the vehicle was purchased "as is." Buyers were entitled to $ 100 for the purchase of the service contract.

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Helena v. Hislip, CA 02-13, COURT OF APPEALS OF ARKANSAS, August 28, 2002, Decided
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Hopkins v. Ark. Dep't of Human Servs., CA 01-960, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, August 28, 2002, Opinion Delivered
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Overview: Evidence that mother failed to supervise her son around scalding hot water supported dependent-neglected finding and trial court properly allowed physician to render opinion regarding burns even though she was not qualified as expert witness.

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Jackson v. Jackson, CA01-01230, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, August 28, 2002, Decided
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Overview: The evidence demonstrated that the husband and his counsel did receive effective pre-hearing notice. The circuit court did not err in finding the husband to be in contempt of court for failing to pay child support and alimony.

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John P. Marinoni Constr. Co. v. Atchison, CA 02-17, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, August 28, 2002, Decided
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Overview: The Arkansas Workers' Compensation Commission did not err in finding that the employee sustained a compensable knee injury, as the evidence was substantial in proving compensability. The employee did not sustain a compensable injury to his back.

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