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   State Courts - Arkansas - September 11, 2002

  
Advance Food Servs. Inc. v. Cooper Realty Invs., Inc., CA01-1422, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, September 11, 2002, Decided
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Overview: Trial court properly entered judgment for lessor as language of commercial lease agreement did not indicate that lessor's exclusive remedy upon breach of lease was retaking possession of premises, but damage award to lessor had to be reduced.

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Dancy v. Wal-Mart Stores, CA 02-3, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, September 11, 2002, Decided
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Farr v. Henson, CA 01-1236, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, September 11, 2002, Decided
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Overview: The decedent's trust did not violate the rule against perpetuities. The nephews proved the trustee procured the trust and deed as he did not inform the attorneys the decedent had severe dementia. The trustee should have been cross-examined.

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Heikkila v. State, CACR02-852, COURT OF APPEALS OF ARKANSAS, September 11, 2002, Decided
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Int'l Paper Co. v. Collier, CA 01-1103, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, September 11, 2002, Decided
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Overview: Evidence that claimants to land, used by claimants for a hunting club, occupied the land with knowledge and permission of the landowner and acknowledged owner's title defeated action for title to the land based on adverse possession.

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King v. Baxter County Reg'l Hosp., CA 01-996, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, September 11, 2002, Decided
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Overview: Employee's failure to submit adequate abstract, addendum, and brief on appeal from adverse workers' compensation commission determination resulted in appellate court abating appeal and allowing opportunity to submit appropriate appellate brief.

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McKesson Serv. v. Weaver, CA02-28, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, September 11, 2002, Decided
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Overview: Substantial evidence existed to support Arkansas Workers' Compensation Commission's finding that injured employee fell under odd-lot doctrine; he could perform services so limited in quality, dependability, or quantity that no market existed.

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Nef v. Ag Servs. of Am., Inc., CA 02-32, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, September 11, 2002, Decided
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Overview: Where a trial judge agreed with crop lender that its security interest in government crop check was superior to farm owner's, award of attorney's fees was appropriate. However, trial judge erred in awarding attorney's fees regarding conversion claim.

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Olles v. State, CACR01-1204, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, September 11, 2002, Decided
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Overview: Where defendant's motion challenging sufficiency of evidence acknowledged that there was conflicting evidence on property's value, defendant's appeal claim that evidence did not support finding regarding value of stolen property was without merit.

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Owen v. State, CACR01-903, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, September 11, 2002, Decided
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Overview: Whether murder was self-defense or revenge for refusal to give defendant crack cocaine was for the jury. Defendant's inculpatory statement was not involuntary due to intoxication. State could properly question jurors on intoxication defense.

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