Case law

Heritage Bay Property Regime v. Jenkins

27 Ark. App. 112 · Court of Appeals of Arkansas · Mar 22, 1989

Pursuant to its by-laws, Heritage Bay is governed by a board of administration. At the time of appellees’ purchase, the board of administration had enacted certain rules and regulations. … Wood v. Lathrop, 249 Ark. 376 , 459 S.W.2d 808 (1970). See also Dickson v. Renfro, 263 Ark. 718 , 569 S.W.2d 66 (1978); Hood v. Welch, 249 Ark. 1159 , 463 S.W.2d 362 (1971). REVERSED and REMANDED.

McDaniel v. Arkansas Public Service Commission

444 S.W.3d 380 · Court of Appeals of Arkansas · Oct 8, 2014

BROWN, Judge, dissenting. Today, I believe the majority has overstepped the bounds of our standard of review and misapplied pertinent case law; therefore, I must respectfully dissent. … Co. v. Ark. Pub. Serv. Comm’n, supra; Incorporated Town of Emerson v. Ark. Pub. Serv. Comm’n, 227 Ark. 20 , 295 S.W.2d 778 . . Ohio Bell Tel. Co. v.

Henson v. Club Products

22 Ark. App. 136 · Court of Appeals of Arkansas · Sep 30, 1987

Boyd v. General Industries, 22 Ark. App. 103 , 733 S.W.2d 750 (1987). This court held in Fletcher v. Farm Bureau Insurance Company, 10 Ark. … This rule was restated in Boyd v. General Industries, 22 Ark.

Fleming v. Vest

2014 Ark. App. 600 · Court of Appeals of Arkansas · Oct 29, 2014

BROWN, Judge Appellant appeals from the circuit court’s grant of appellee’s motion for summary judgment, thereby dismissing her wrongful-death claim against appellee. … WHITEAKER and HIXSON, JJ., agree. 2 (2013). 3 Ives Transp., Inc. v. Ives, 2014 Ark. App. 202, at 4 (citing Ark. R. Civ. P. 54(b)(2)). 4 Id. (citing Forever Green Athletic Fields, Inc. v.

Martinez v. State

2013 Ark. App. 557 · Court of Appeals of Arkansas · Oct 2, 2013

CR-11-1559-1] V. HONORABLE ROBIN F. … BROWN, Judge Appellant Juan Martinez was convicted in the Benton County Circuit Court of second-degree sexual assault involving his then-four-year-old stepgranddaughter, L.H.

Owens Planting Co. v. Graham

102 Ark. App. 299 · Court of Appeals of Arkansas · May 21, 2008

Wal-Mart Stores, Inc. v. Brown, 82 Ark. App. 600 , 120 S.W.3d 153 (2003). Substantial evidence is relevant evidence that a reasonable mind might accept as adequate to support a conclusion. Id. … Wal-Mart Stores, Inc. v. Brown, supra. What constitutes reasonably necessary treatment under the statute is a question of fact for the Commission. Hamilton v. Gregory Trucking, 90 Ark.

Randy Hyatt v. State of Arkansas

2023 Ark. App. 191 · Court of Appeals of Arkansas · Apr 5, 2023

22-566 Opinion Delivered April 5, 2023 RANDY HYATT APPELLANT APPEAL FROM THE GRANT V. … VIRDEN and BROWN, JJ., agree. Gregory Crain, for appellant. Leslie Rutledge, Att’y Gen., by: Michael Zangari, Ass’t Att’y Gen., for appellee. 3

Lula Valentine, Individually and as Personal Representative of the Estate of Isdee Valentine, Deceased; And on Behalf of the Wrongful Death Beneficiaries of Isdee Valentine v. White County Medical Center

615 S.W.3d 729 · Court of Appeals of Arkansas · Dec 9, 2020

Additionally, nurse Brown had opined that WCMC’s allowing Isdee to go an extended period of time without food fell below the applicable standard of care. Valentine argued that 5 WCMC cited Neal v. … Holloway v. Stuttgart Reg’l Med. Ctr., 62 Ark. App. 140, 970 S.W.2d 301 (1998). Moreover, it is an appellant’s responsibility to obtain a ruling to preserve an issue for appeal. Miller v. Ark.

Andry v. State

2014 Ark. App. 419 · Court of Appeals of Arkansas · Jun 18, 2014

CR-12-446-IV] V. … His blood was drawn before transport, and it revealed a blood-alcohol level of 0.19%. 4 Thomas v. State, 2013 Ark. App. 318 (citing Hewitt v.

Razorback Vacuum v. Director

44 Ark. App. 19 · Court of Appeals of Arkansas · Nov 17, 1993

The appellee then appealed the Appeal Tribunal’s decision to the Board of Review. Prior to a telephone hearing before the Board, the appellant filed a Chapter 11 bankruptcy petition. … The appellant relies upon the case of Herr v.

Martinez v. State

2013 Ark. App. 557 · Court of Appeals of Arkansas · Oct 2, 2013

CR-11-1559-1] V. HONORABLE ROBIN F. … BROWN, Judge Appellant Juan Martinez was convicted in the Benton County Circuit Court of second-degree sexual assault involving his then-four-year-old stepgranddaughter, L.H.

Ioup v. City of Benton

2017 Ark. App. 274 · Court of Appeals of Arkansas · May 3, 2017

Our decision in this case is based on precedents from our supreme court in City of Benton v. Alcoa Road Storage, Inc., 2017 Ark. 78, ___ S.W.3d ___, and our court in Brown v. City of Bryant, 2017 Ark. … See also City of Benton v. Teeter, 2017 Ark. 80. We are bound by these determinations made by our supreme court.

Cody v. State

449 S.W.3d 712 · Court of Appeals of Arkansas · Dec 3, 2014

Pollard v. State, 2009 Ark. 434, 336 S.W.3d 866; Boyle v. State, 363 Ark. 356, 214 S.W.3d 250 (2005); Kail v. State, 341 Ark. 89, 94, 14 S.W.3d 878, 881 (2000). Moreover, in Rainey v. … Dail v. State, 2013 Ark. App. 184.

Geer v. State

75 Ark. App. 147 · Court of Appeals of Arkansas · Sep 26, 2001

Brown v. State, 310 Ark. 427 , 837 S.W.2d 457 (1992) (citing Gardner v. State, 296 Ark. 41 , 754 S.W.2d 518 (1988)). … Kennedy v. State, 49 Ark. App. 20 , 894 S.W.2d 952 (1995). The fact that evidence is circumstantial does not render it insubstantial. Brown, supra, (citing Conley v. State, 308 Ark. 70 , 821 S.W.2d 783 (1992)).

Clark County, Ark. v. At&t Corp.

2026 Ark. App. 348 · Court of Appeals of Arkansas · May 20, 2026

Bensberg, 192 Ark. 908, 95 S.W.2d at 894 (1936) (quoting Board of Imp. v. Sch. … TUCKER, THYER, WOOD, and BROWN, JJ., agree. BARRETT, J., dissents. STEPHANIE POTTER BARRETT, Judge, dissenting.

Barnett v. Mountain View School District

2010 Ark. App. 333 · Court of Appeals of Arkansas · Apr 21, 2010

Citing Griggs v. School Dist. … Turney v.

Brandon Westbrook v. State of Arkansas

2022 Ark. App. 180 · Court of Appeals of Arkansas · Apr 20, 2022

BROWN, Judge Appellant Brandon Westbrook was found guilty by a jury of two counts of first-degree murder and one count of attempted first-degree murder. … Westbrook filed his initial 3 The record is unclear as to why the case remained pending for four years. 4 Holliday v. State, 2013 Ark. 47 (per curiam). 5 Pruitt v.

Morton v. Director of Labor

22 Ark. App. 281 · Court of Appeals of Arkansas · Nov 18, 1987

Appellant cites Ladish Company v. … And in Teel v. Daniels, 270 Ark. 766 , 606 S.W.2d 151 (Ark.

Novak v. J.B. Hunt Transport

48 Ark. App. 165 · Court of Appeals of Arkansas · Feb 22, 1995

Davis v. C & M Tractor Co., 2 Ark. App. at 157-58 , 617 S.W.2d at 386 (quoting Thomas v. Arkansas State Plant Board, 254 Ark. 997 -A, 997-B, 497 S.W.2d 9, 10 (1973)). … Morris v. Stroud, 317 Ark. 628, 630 , 883 S.W.2d 1, 2 (1994); see Jordan v. White River Medical Center, 301 Ark. 292 , 783 S.W.2d 836 (1990).

Kent McKelvey v. Sheryl McKelvey

2020 Ark. App. 536 · Court of Appeals of Arkansas · Nov 18, 2020

BROWN, Judge Appellant Kent McKelvey appeals the divorce decree entered by the Pulaski County Circuit Court. … Coulter, for appellee. 3 Ellis v. Ellis, 2016 Ark. App. 411, 501 S.W.3d 387. 4 Id. 5 Id. 3