MID-STATE CONSTRUCTION and Argonaut Insurance Company v. Harold A. SEALY No. CA 88-189 761 S.W.2d 951Court of Appeals of Arkansas, Division II. Opinion delivered December 21, 1988 1. APPEAL ERROR — APPEALABLE ORDER — MUST BE A FINAL ORDER. — For an order to be appealable, it must be a final order; and to be […]
Category: Arkansas Court Opinions
ANDERSON v. STATE, CR08-1464 (Ark. 9-8-2011)
Justin ANDERSON, Appellant v. STATE of Arkansas, Appellee CR08-1464Supreme Court of Arkansas. Opinion Delivered September 8, 2011 Appeal from Miller Circuit. PER CURIAM ORDER Motion to stay consideration of appeal and to remand and expand appointment of counsel to pursue claims of ineffective assistance of counsel in Rule 37 is denied. Page 1
COLLIE v. ARK. STATE MEDICAL BOARD, 06-1042 (Ark. 5-10-2007)
William Richard Collie, IV, M.D. v. Arkansas State Medical Board 06-1042Supreme Court of Arkansas. Opinion Delivered May 10, 2007 Appeal from Pulaski Circuit, Sixth Division. Motion for continuance. Page 4
NATIONWIDE ASSURANCE CO. v. LOBOV, CA08-982 (Ark.App. 11-11-2009)
NATIONWIDE ASSURANCE COMPANY and John Neralich, Appellant v. Michael LOBOV, Appellee CA08-982Court of Appeals of Arkansas. Opinion Delivered November 11, 2009 Appeal from Washington Circuit. Appellee’s motion for attorney’s fees is denied. Vaught, C.J., not participating. Page 4
STILLEY v. JAMES, 346 Ark. 28 (2001)
Oscar STILLEY, Appellant v. Margaret JAMES, Rick Grinnan, Linda Varnado, and Alban Varnado, Appellees 00-1463; 01-88 53 S.W.3d 524Supreme Court of Arkansas. Opinion Delivered September 13, 2001 [Petition for rehearing denied September 20, 2001.] 1. Judges — presumption of impartiality — party seeking disqualification bears burden of proving bias or prejudice. — While it is […]
HOBBS v. BAIRD, 11-123 (Ark. 6-16-2011)
Ray HOBBS, Director of the Arkansas Department of Correction, Appellant v. Chancey BAIRD, Appellee 11-123Supreme Court of Arkansas. Opinion Delivered June 16, 2011 Appeal from Jefferson Circuit. PAUL E. DANIELSON, JUSTICE: Affirmed. Page 1
MOTEN v. STATE, CACR10-980 (Ark.App. 11-10-2010)
Robert Joseph MOTEN, Appellant v. STATE of Arkansas, Appellee CACR10-980Court of Appeals of Arkansas. Opinion Delivered November 10, 2010 Appeal from Arkansas Circuit, Northern District. Motion of Dennis R. Molock to withdraw as counsel, for appointment of counsel, and to stay brief time is granted. Joshua D. Gillispie is appointed to represent appellant. Appellant’s brief […]
CONTR. TIRE SUPP. v. TIRES, TUBES, WHEELS, 274 Ark. 326 (1981)
Kenneth PHILLIPS, CONTRACTORS TIRE AND SUPPLY, INC., and Gary A. JOHNSON v. TIRES, TUBES, WHEELS, INC. No. 81-149 625 S.W.2d 449Supreme Court of Arkansas Opinion delivered November 30, 1981 1. SALES — BULK TRANSFERS — FAILURE TO NOTIFY CREDITORS, EFFECT OF. — Where appellee sold on open account to appellant tire company more than $75,000 […]
KENNEDY FUNDING, INC. v. SHELTON, CA09-79 (Ark.App. 4-22-2009)
KENNEDY FUNDING, INC., Appellant v. Virgil W. SHELTON et al., Appellee CA09-79Court of Appeals of Arkansas. Opinion Delivered April 22, 2009 Appeal from Pulaski Circuit, Sixth Division. Appellant’s motion to remand to the trial court to correct the record.
HICKEY v. GARDISSER, CA10-98 (Ark.App. 5-19-2010)
David HICKEY, Appellant v. Travis GARDISSER, Appellee CA10-98Court of Appeals of Arkansas. Opinion Delivered May 19, 2010 Appeal from Benton Circuit. Page 7
WOODS v. GRIFFIN, 204 Ark. 514 (1942)
WOODS v. GRIFFIN. No. 4-6774 163 S.W.2d 322Supreme Court of Arkansas Opinion delivered June 8, 1942 1. APPEAL AND ERROR. — In appellant’s action to recover 5 shares of national bank stock of the par value of $100 per share, but which the evidence showed was worth more on the ground that he never received […]
ADVANCE AM. SVC.’S OF ARKANSAS, INC. v. McGINNIS, 08-992 (Ark. 4-23-2009)
ADVANCE AMERICA SERVICING OF ARKANSAS, INC. et al., Appellant v. Brenda McGINNIS, Appellee 08-992Supreme Court of Arkansas. Opinion Delivered April 23, 2009 Appeal from Clark Circuit. PER CURIAM ORDERS REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
TRUSCLAIR v. MCGOWAN WORKING PARTNERS, 2009 Ark. 203
306 S.W.3d 428 Edward TRUSCLAIR, Appellant, v. MCGOWAN WORKING PARTNERS, Appellee 08-769Supreme Court of Arkansas. Opinion Delivered April 16, 2009 Appeal from the Union County Circuit Court, No. CV-2007-0083-6, Hon. David Fredric Guthrie, Judge, Affirmed. ANNABELLE CLINTON IMBER, Associate Justice This appeal arises from the dismissal with prejudice of a complaint filed by Appellant Edward […]
BOATWRIGHT v. PULASKI COUNTY JUVENILE COURT, 250 Ark. 138 (1971)
Shirley BOATWRIGHT v. PULASKI COUNTY JUVENILE COURT No. 5-5500. 464 S.W.2d 600Supreme Court of Arkansas Opinion delivered March 15, 1971 1. INFANTS — CUSTODY PROTECTION — MATTERS CONSIDERED. — It is a universal rule of law that the paramount consideration in awarding custody of minor children is the best interest and welfare of the child. […]
SALES v. STATE, 2010 Ark. 320
Derek K. SALES, Appellant, v. STATE of Arkansas, Appellee CR 10-53Supreme Court of Arkansas. Opinion Delivered August 6, 2010 Motion to File Belated Brief, Motion Granted. PER CURIAM. Derek Sales was convicted of capital murder and aggravated robbery and was sentenced to death and life imprisonment, respectively. This court affirmed the convictions and sentence on […]
WEBSTER v. STATE, 284 Ark. 206 (1984)
Donald WEBSTER v. STATE of Arkansas No. CR 84-59 680 S.W.2d 906Supreme Court of Arkansas Opinion delivered December 10, 1984 1. JURY — QUALIFICATIONS IN SOUND DISCRETION OF TRIAL JUDGE. — The question of a juror’s qualification lies within the sound discretion of the trial judge and the appellant has the burden of showing the […]
MCCOURT v. TRIPLETT, 2010 Ark. App. 567
Charles and Julia MCCOURT, Appellants v. Jacqueline TRIPLETT, Appellee CA 09-1142Court of Appeals of Arkansas, Division II. Opinion Delivered September 1, 2010 Appeal from the Sebastian County Circuit Court, [No. CV2008-390], Honorable J. Michael Fitzhugh, Judge, Direct Appeal Moot; Reversed And Remanded On Cross-Appeal. DAVID M. GLOVER, Judge. Appellants, Charles and Julia McCourt, and appellee, […]
WEBB v. COBB, 172 Ark. 255 (1926)
WEBB v. COBB. 288 S.W. 897Supreme Court of Arkansas Opinion delivered November 29, 1926. 1. CONTRACTS — MERGER OF WRITTEN IN ORAL CONTRACT. — A written contract may be superseded by a subsequent oral contract. 2. EVIDENCE — MODIFICATION OF WRITTEN BY ORAL CONTRACT. — The rule that parol evidence is not admissible to contradict, […]
LONG v. WAL-MART STORES, INC., CA06-401 (Ark.App. 2-7-2007)
TONY LONG v. WAL-MART STORES, INC CA06-401Court of Appeals of Arkansas. Opinion Delivered February 7, 2007 Appeal from Workers’ Compensation Commission. SUBMISSIONS
ROGER ANDERSON ET UX. v. BNSF RAILWAY COMPANY, 08-232 (Ark. 1-22-2009)
ROGER ANDERSON ET UX., Appellant v. BNSF RAILWAY COMPANY, Appellee 08-232Supreme Court of Arkansas. Opinion Delivered January 22, 2009 Appeal from Craighead Circuit, Western District. SUBMISSIONS