Case law

Zook v. Martin

557 S.W.3d 880 · Supreme Court of Arkansas · Oct 18, 2018

to qualify for placement on the November 6, 2018 ballot. … facie review and 50,915 signatures to qualify for the thirty-day cure.

In re Special Task Force

2014 Ark. 5 · Supreme Court of Arkansas · Jan 10, 2014

In cases where expert testimony is required, reasonable cause may be established only by the affidavit of an appropriate expert. … Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous (clearly against the preponderance of the evidence), and due regard shall be given to the opportunity of the

Carter v. Bush

283 Ark. 16 · Supreme Court of Arkansas · Jun 11, 1984

Clearly then, § 12-3401 provides the exact remedy sought by the appellant and which is prohibited by § 13-1420. … The clause does not deny that officers may be held liable; it merely establishes a method for the State to pay the damages adjudged against the officers or employees, rather than have them bear the full brunt.

Henry v. Tarpley

230 Ark. 722 · Supreme Court of Arkansas · Jun 1, 1959

Since we have concluded that the Act clearly, we think, violates Amendment 40 on two grounds, which we shall point out it becomes unnecessary to consider whether it violates Amendment 14. … in the county voting on the issue” shall vote for the County Equalizing School District, the same shall be established and if a majority vote against the County Equalizing School District, the same shall not be established

Chris P. Corbitt, Esq. v. Pulaski County Jail Eric Higgins, in His Official Capacity as Pulaski County Sheriff And Barry Hyde, in His Official Capacity as Pulaski County Judge

660 S.W.3d 568 · Supreme Court of Arkansas · Mar 2, 2023

Thus, he claims that because he is an attorney, he has a clearly established right to carry a firearm in a courthouse of this state. … This is known as the “series-qualifier canon.” Id.

Bennett Scott "Storm" Nolan II and River Valley Production, LLC, D/B/A River Valley Relief Cultivation v. 2600 Holdings, LLC, D/B/A Southern Roots Cultivation

686 S.W.3d 499 · Supreme Court of Arkansas · Apr 11, 2024

It reasoned that “relief can clearly be accorded to the Plaintiff in [Nolan’s] absence [w]ere he involved or not.” … Nolan clearly satisfies all the elements required by Rule 24(a).

McArthur v. Smallwood

225 Ark. 328 · Supreme Court of Arkansas · Jul 27, 1955

Furthermore, these funds clearly qualify as moneys received from sources other than taxes, as that term is ordinarily used. … The Justice Building Fund is established as a trust fund by Section 15 of the Act.

McGhee v. Arkansas State Board of Collection Agencies

360 Ark. 363 · Supreme Court of Arkansas · Jan 20, 2005

The Board has established a Division of Check-Cashing to administer the licensing and regulation of payday lenders. … Here, the appellants’ complaint clearly alleges that all plaintiffs were Arkansas residents and taxpayers.

Arkansas Department of Human Services v. Fort Smith School District

455 S.W.3d 294 · Supreme Court of Arkansas · Feb 26, 2015

This statute clearly applies in the present case to allow the school districts to challenge DHS’s rule requiring all licensed child-care centers to maintain general liability insurance.5 In fact, appellants specifically … Plaintiffs have failed to establish that denial of a preliminary injunction will result in irreparable harm to the applicant. 3.

Airsman v. State

473 S.W.3d 549 · Supreme Court of Arkansas · Nov 5, 2015

Washington, 466 U.S. 668 (1984), the circuit court clearly erred in holding that counsel’s performance was not ineffective. Taylor v. State, 2013 Ark. 146, 427 S.W.3d 29. … Contrary to Airsman’s assertions, he failed to establish that he was entitled to postconviction relief on any of his claims.

City of Little Rock v. Dayong Yang

509 S.W.3d 632 · Supreme Court of Arkansas · Feb 9, 2017

The policies submitted by Yang established facts that MEMS did not dispute, thus leaving only a matter of statutory interpretation. See, e.g., Rose v. Harbor E., Inc., 2013 Ark. 496, at 5, 430 S.W.3d 773, 777. … We have stated that this immunity is qualified, and an employee or district can be sued to the extent that insurance coverage exists. Carter v. Bush, 296 Ark. 261, 753 S.W.2d 534 (1998).

Dildine v. Clark Equipment Co.

282 Ark. 130 · Supreme Court of Arkansas · Mar 26, 1984

Mink did admit to not having a lot of industrial experience in machine design, but he clearly considered himself qualified to give opinions in the case, saying “I am well aware of the fundamentals of machine design.” … That testimony, if admitted and believed, certainly would have tended to establish the issues of strict liability and negligence in design and it was error for the court not to submit the case to the jury on the basis of

Weiss v. Bryce Co., LLC

330 S.W.3d 756 · Supreme Court of Arkansas · Sep 17, 2009

Tax exemption cases are reviewed de novo on appeál, and the findings of fact of the trial court are not set aside unless they are clearly erroneous. Weiss v. … Berry, 41 Ark. 509 (1883), states that grants of immunity from taxation "should be so clear that there can be neither reasonable doubt nor controversy about [their] terms.”

Tim Griffin, in His Official Capacity as Attorney General of Arkansas v. Arkansas Board of Corrections; And Benny Magness, in His Official Capacity as Chairman of the Arkansas Board of Corrections

2025 Ark. 81 · Supreme Court of Arkansas · May 22, 2025

The court found that the Attorney General had violated Arkansas Code Annotated section 25-16-702 (Repl. 2024), which establishes statutory duties surrounding appointment of special counsel, and ordered that the Attorney … Clearly the state defendants are entitled to legal counsel. 2  8.

Helton v. Sisters of Mercy of St. Joseph's Hospital

234 Ark. 76 · Supreme Court of Arkansas · Oct 30, 1961

The hospital was established in 1888 and incorporated under Ark. Stat. § 64-1301 in 1951. … The Cabbiness case clearly points out that immunity of a charitable corporation from liability for negligence is so thoroughly established in this State that the doctrine has become a rule of property.

Vance v. Austell

45 Ark. 400 · Supreme Court of Arkansas · Nov 15, 1885

Section 3 of Article XIII., Constitution of 1874., provides that “ No county seat shall be established or changed without the consent of a majority of the qualified voters of the county to be affected by such change, nor … until the place at which it is proposed to establish or change such county seat, shall be fully designated.”

Ward v. Hutchinson

558 S.W.3d 856 · Supreme Court of Arkansas · Nov 1, 2018

Because of his death sentence, Ward clearly has a personal stake in the outcome of this case. In 1997, he received his third and final death sentence. … Ward's Arguments On appeal, Ward argues that the circuit court clearly erred in granting the State's motion to dismiss his complaint.

Whorton v. Dixon

363 Ark. 330 · Supreme Court of Arkansas · Sep 29, 2005

If a plaintiff’s claim is a legitimate one, he should be able to find somewhere in or out of the State at least one qualified expert witness who will testify for him. … Whorton also cites Article 2, Section 18 of the Arkansas Constitution, Privileges and Immunities, and Article 2, Section 13 of the Arkansas Constitution, Redress ofWrongs.

Boyles v. Clements

302 Ark. 575 · Supreme Court of Arkansas · Jul 2, 1990

(b) The tests shall be made by a duly qualified physician or physicians, or by another duly qualified person or persons, not to exceed three (3), to be appointed by the court. … Although we try chancery cases de novo on the record, we do not reverse a finding of fact by the chancellor unless it is clearly erroneous. McGuire v. Bell, supra (citing Milligan v.

Continental Casualty Company v. Davidson

250 Ark. 35 · Supreme Court of Arkansas · Mar 1, 1971

We clearly expressed a preference for an instruction using the word “any” in Avemco. … If the words “any of” had been substituted for “all” in the offered instructions, appellant would have clearly been entitled to have one of them given.