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Court of Appeals of Arkansas Court Cases
In Re Memorandum Opinions (1985)In a per curiam opinion dated May 2, 1984, see 11 Ark.App. 308, we stated that it had become necessary, in attempting to keep our docket current, to increase the number of cases submitted each week and to employ, under the authority of Supreme Court and Court of Appeals Rule 21, the use of brief memorandum opinions not designated for publication. We are today modifying the per curiam opinion of May 2, 1984, to give notice that hereafter memorandum opinions may be issued in any or all of the [...]
Court: Court of Appeals of Arkansas Docket: November 27, 1985
In June 1995 the Arkansas Department of Human Services filed a petition to terminate the parental rights of M.T. in her biological son, J.L., Jr. The case came before the chancellor in December 1995. At the beginning of the hearing DHS made an oral motion to withdraw its petition, stating that it wanted instead an adjudication of paternity and placement of the child with the natural father. The guardian ad litem responded that the maternal parental rights should be terminated. The natural [...]
Court: Court of Appeals of Arkansas Docket: CA 96-949
Campbell v. State (2001)Calvin Campbell was convicted by a Pulaski County jury of residential burglary and battery in the first degree with regard to an incident that occurred on December 10, 1998; he was also charged with the rape of a nine-month-pregnant woman in connection with that incident, but the jury deadlocked on that charge, forcing the trial judge to declare a mistrial. In the second trial on the charge of rape, Campbell was convicted by a jury and sentenced to forty years in the Arkansas Department of [...]
Court: Court of Appeals of Arkansas Docket: CA CR 01-29
Hollinger v. Hollinger (1999)
Appellant Teresa Lynn Hollinger appeals the decision of the Drew County chancellor changing the custody of their four daughters to their father, appellee Walter Henry "Hank" Hollinger. Her points on appeal are that (1) the chancellor erred in determining that a material change in circumstances had occurred, and (2) the chancellor erred in finding that the best interest of the children was to be in the custody of their father. We disagree and affirm.
Court: Court of Appeals of Arkansas Docket: CA 98-402
Jennings v. Burford (1997)Appellants Austin Jennings and Lyndell Jennings, husband and wife, appeal the Columbia County Chancery Court's denial of their petition to quiet title to land lying between forty acres that they own and an adjoining forty-acre tract owned by the appellees, Mr. and Mrs. Charles Burford. In its order denying appellants' petition to quiet title, the chancery court determined that the boundary line between the two forty-acre tracts had been established by acquiescence and was marked by a meandering [...]
Court: Court of Appeals of Arkansas Docket: CA 97-316
In a previous opinion, Brewer v. Arkansas Dep't of Human Servs., 71 Ark.App. 364, 32 S.W.3d 22 (2000), we considered an appeal from the decision of the White County Chancery Court, Juvenile Division, which found that Logan Brewer is a dependent-neglected child and refused to order reunification services or place Logan in the home of his paternal grandmother. The points of appeal were raised in separate briefs filed by appellants. We reversed only on the point raised individually by Cheryl [...]
Court: Court of Appeals of Arkansas Docket: CA 00-98
Staab v. Hurst (1994)
The appellant, Tammy Suanne Staab, appeals from an order denying her request for permission to move from Fort Smith, Arkansas, to Wellington, Texas, with the parties' fifteen-month-old daughter. The appellee, Thomas Wesley Hurst, opposed the move contending that he would effectively be denied visitation because of the geographical distance. For the reasons which follow, we reverse and remand for proceedings consistent with this opinion.
Court: Court of Appeals of Arkansas Docket: CA 93-442
The appellant, Poulan Weed Eater, appeals from a decision by the Arkansas Workers' Compensation Commission awarding appellee, Loretta Marshall, temporary total disability benefits and additional medical treatment after an admittedly compensable injury. Appellant contends that the Commission's finding in support of its decision that additional medical treatment is reasonable and necessary and related to appellee's compensable injury was not supported by substantial evidence. It also claims that [...]
Court: Court of Appeals of Arkansas Docket: CA 01-1301
On October 23, 2004, Kelly was arrested and incarcerated. At the time of his arrest, Kelly was accompanied by A.M. and a friend, Jessica Blankenstaff. Kelly asked Blankenstaff to take A.M. to Antoinette Moiser, Kelly's aunt. Antoinette, in turn, took the child next door to Kelly's father, Louis Moiser, who Kelly and A.M. had been living with prior to the arrest.
Court: Court of Appeals of Arkansas Docket: CA 05-366
The appellee in this worker's compensation case was struck by a cart and injured while she was returning her purse to her locker after a scheduled break. Wal-Mart denied her worker's compensation claim on the ground that she was not performing employment services at the time of the injury, later adding an allegation that her injury was not supported by objective medical findings. The Commission found that appellee had in fact been performing employment services when she was injured and that her [...]
Court: Court of Appeals of Arkansas Docket: CA 02-163
Thompson v. Thompson (1998)The parties in this child-custody case entered into an agreement, approved by the court, providing for joint custody of the parties' two-year-old child with physical custody alternating on a week-to-week basis. Within two months' time, the agreement had become unworkable, and appellee filed a petition to change custody. After a hearing, the chancellor found that a material change in circumstances had occurred and that it was in the child's best interest to vest full custody in the appellee. [...]
Court: Court of Appeals of Arkansas Docket: CA 98-80
Appellant, Wheeler Construction Company, appeals the Workers' Compensation Commission's award of benefits to appellee, Raymond Armstrong, for a burn injury he received while working for appellant. Appellant makes two arguments in this appeal. For its first point on appeal, appellant contends that the Commission erred in determining that Armstrong is entitled to temporary total disability benefits because he failed to demonstrate a total incapacity to earn wages during his healing period. For [...]
Court: Court of Appeals of Arkansas Docket: CA 00-875
Appellant Leona Meriweather appeals the termination of her parental rights to her daughter SM, as found by the White County Circuit Court. SM was born in March 2005, and she was removed from appellant's custody in April 2005. The order terminating parental rights was entered on July 26, 2006, from which she filed a timely notice of appeal.
Court: Court of Appeals of Arkansas Docket: CA 06-955
Keathley v. Keathley (2001)Robert Keathley appeals from a divorce decree allocating certain marital property and debt between him and his ex-wife, Billie Keathley, the appellee. He argues that the trial court erred because it made an unequal distribution of property without considering all the factors set forth in Arkansas Code Annotated section 9-12-315 (Supp.2001), and because it considered fault as the basis for the unequal division of the marital property. We hold that the chancellor was not obligated to enumerate [...]
Court: Court of Appeals of Arkansas Docket: CA 01-423
Tucker v. State (1994)
Appellant's counsel has filed a no-merit brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and a motion asking to be relieved as counsel. In his brief, counsel states that "No Reversible Error Appears of Record." He then provides a "Listing of Denied Defense Objections and Motions."
Court: Court of Appeals of Arkansas Docket: CACR 93-1224
Phillips v. State (2008)
Appellant Garland Phillips appeals the January 16, 2007, revocation of his suspended imposition of sentence by the Crawford County Circuit Court. Phillips argues that the trial court erred when it refused to consider whether his failure to pay fines and restitution was "inexcusable." We agree and reverse and remand for further proceedings.
Court: Court of Appeals of Arkansas Docket: CA CR 07-391
This is an appeal from a decision of the Arkansas Workers' Compensation Commission finding that appellee was entitled to a one-time change of physician and at least a one-time visit to that physician at appellants' expense. Appellants raise two points on appeal: (1) the Commission committed legal error by holding that it is without authority to find that the appellants had fulfilled their obligation of providing adequate medical treatment; (2) there is no substantial evidence to support that [...]
Court: Court of Appeals of Arkansas Docket: CA 03-81
Vo v. Vo (2002)
Yen My Tran Vo appeals from a chancery court order placing custody of her son, Henry, with Hoa Van Vo, her ex-husband and the appellee in this case. She argues that the chancellor erred in changing custody because appellee did not prove a material change in circumstances. We agree, reverse the order changing custody, and hold that the findings upon which it is based are clearly erroneous whether viewed separately or in the aggregate.
Court: Court of Appeals of Arkansas Docket: CA 01-908
Williams v. Williams (2003)This is a divorce case that involves the division of property, child support, mortgage payments, marital debts, and valuation of the husband's medical clinic and surgery center. For reversal, appellant contends that the trial court erred in setting child support at the level established by the family support chart and permitting the appellee to remain in the marital home and in requiring appellant to make the mortgage payments on the marital home in addition to child support and alimony. [...]
Court: Court of Appeals of Arkansas Docket: CA 02-453
This is the second appeal in this action. In Coleman's Service Center, Inc. v. Southern Inns Management, Inc., 44 Ark.App. 45, 866 S.W.2d 427 (1993), we dismissed the first appeal. This appeal follows the Monroe County Circuit Court's entry of judgment for appellee Federal Deposit Insurance Corporation (FDIC) against appellant Coleman's Service Center, Inc., in the amount of $123,135.29 as the result of Coleman's breach of a lease. For the reasons expressed below, we affirm the circuit judge's [...]
Court: Court of Appeals of Arkansas Docket: CA 95-819