Category: Arkansas Court Opinions

Morris N. GARRETT v. Nancy M. TRIMUNE No. 5-6218. 491 S.W.2d 586Supreme Court of Arkansas Opinion delivered March 19, 1973 1. EVIDENCE — ADMISSIONS — COMPETENCY ADMISSIBILITY. — Investigating officer did not express an opinion as to the place of impact but said, in effect, that the versions of both parties agreed that the collision […]

262 S.W.3d 185 McALMONT SUBURBAN SEWER IMPROVEMENT DIST. NO. 242 v. McCAIN-HWY. 161, LLC. No. CA 06-1445.Court of Appeals of Arkansas. Opinion delivered September 12, 2007. 1. CONTRACTS — THIRD-PARTY BENEFICIARY — STANDING. — The circuit court correctly concluded that appellee was a third-party beneficiary of the District/Committee agreement; because appellee was a beneficiary of […]

John UROSEVIC v. Tom HAYES and Donna HAYES, and William KEEL and Ruth KEEL No. CA 79-146 590 S.W.2d 77Court of Appeals of Arkansas Opinion delivered November 14, 1979 Released for publication December 5, 1979 1. PROPERTY — LATERAL SUPPORT. — It is a common law rule that the owner of land has the right […]

SAULSBERRY v. SIEGEL. No. 4-9891 252 S.W.2d 834Supreme Court of Arkansas Opinion delivered November 10, 1952. Rehearing denied December 22, 1952. 1. LEASES — CANCELLATION OF. — The court’s refusal to cancel a lease to appellees’ predecessor executed in 1922 as having been forfeited in 1930 when the derrick burned and production ceased, and the […]

Margie SAUNDERS, Administratrix of The Estate of John SAUNDERS, Deceased v. NATIONAL OIL LINE INSURANCE CO. No. 79-53 583 S.W.2d 58Supreme Court of Arkansas (Division II) Opinion delivered July 2, 1979 1. JUDGMENTS — SUMMARY JUDGMENT — WHEN PROPER. — A summary judgment is proper when the moving party is entitled to a judgment as […]

SADIE DONLEY HOLBROOK v. SHELBY APPLEBERRY, JR. No. 5-5463. 463 S.W.2d 100Supreme Court of Arkansas Opinion delivered February 15, 1971 1. WATERS WATERCOURSES — DRAINAGE DITCH — RIGHTS OF ADJOINING LANDOWNERS. — Adjoining landowners held to have a right, in the nature of a license, to the unobstructed use of a community ditch flowing along […]

ARKANSAS REAL ESTATE COMMISSION v. Frances VETETO, et al. No. 89-227 784 S.W.2d 601Supreme Court of Arkansas Opinion delivered February 26, 1990 APPEAL ERROR — COURT CHOSE NOT TO RAISE JURISDICTIONAL ISSUE WITHOUT BENEFIT OF BRIEFING. — While jurisdiction is a matter the appellate court will raise on its own, it was reluctant in this […]

Robert Lawrence LEE, et al. v. HOT SPRINGS VILLAGE GOLF SCHOOLS CA 96-1009 951 S.W.2d 315Court of Appeals of Arkansas Division IV Opinion delivered September 17, 1997 [Supplemental Opinion on Denial of Rehearing November 5, 1997.] 1. JUDGMENT — SUMMARY JUDGMENT — WHEN GRANTED. — Summary judgment should be granted only when a review of […]

235 S.W.3d 544 DEATH PERMANENT TOTAL DISABILITY TRUST FUND v. LEGACY INSURANCE SERVICES and Lumbermen’s Mutual Casualty. No. CA 05-732.Court of Appeals of Arkansas. Opinion delivered May 10, 2006. WORKERS’ COMPENSATION — INSURANCE CARRIER RECEIVED CREDIT AGAINST ITS MAXIMUM LIABILITY FOR PAYMENTS CLASSIFIED BY THE COMMISSION AS PERMANENT-TOTAL-DISABILITY PAYMENTS. — The Commission’s decision was supported […]

Tony Floyd BOOKOUT v. STATE of Arkansas CA CR 92-1038 854 S.W.2d 739Court of Appeals of Arkansas, Division II. Opinion delivered June 9, 1993 [Supplemental Opinion Granting Rehearing June 30, 1993.] 1. SEARCH SEIZURE — STANDING TO INVOKE EXCLUSIONARY RULE — WHEN EVIDENCE SHOULD BE EXCLUDED. — Evidence should be excluded when the court finds […]

Ray McBRIDE, Sr. v. STATE of Arkansas CR 04-570 187 S.W.3d 856Supreme Court of Arkansas. Opinion delivered June 10, 2004 APPEAL ERROR — MOTION FOR RULE ON CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake on his […]

David JONES D/B/A WICKES LUMBER BUILDING SUPPLY CENTER v. Glen ATKINS No. 5-6242. 494 S.W.2d 448Supreme Court of Arkansas Opinion delivered May 14, 1973 SALES — REVOCATION OF ACCEPTANCE — RIGHTS REMEDIES OF BUYER. — Trial court did not err in failing to direct a verdict for seller of hog paneling where a fact issue […]

237 S.W.3d 93 Alan D. WILLIAMS v. STATE of Arkansas. No.CA CR 05-223.Supreme Court of Arkansas. Opinion delivered June 15, 2006. 1. MOTIONS — PRO SE MOTION FOR BELATED APPEAL — MOTION GRANTED.— Where appellant’s counsel filed a notice of appeal from the order of conditional plea and not the judgment as required by Ark. […]

270 S.W.3d 891 Jeremy WALDRIP v. GRACO CORPORATION; First Comp Insurance Company. No. CA 07-345.Court of Appeals of Arkansas. Opinion delivered January 9, 2008. 1. WORKERS’ COMPENSATION — PRESENCE OF MARIJUANA METABO LITES IN APPELLANT’S URINE CREATED REBUTTABLE PRESUMPTION THAT THE INJURY WAS OCCASIONED BY THE USE OF ILLEGAL DRUGS. — Where the appellate court […]