Case law

Ladarius Burnette v. State of Arkansas

625 S.W.3d 382 · Court of Appeals of Arkansas · May 5, 2021

Clear and convincing evidence is that degree of proof that will produce in the trier of fact a firm conviction as to the allegation sought to be established. Z.T. v. State, 2015 Ark. App. 282. … There may be mental health inpatient treatment facilities that defendant qualifies for and are available to him in the Juvenile Division of Circuit Court.

Jenkins v. APS Insurance, LLC

431 S.W.3d 356 · Court of Appeals of Arkansas · Dec 18, 2013

When Perry returned to work the following Monday, he discovered the missing and the deleted files and was notified that Donley had established D&A and that Jenkins had left APS’s employment to join D&A. … Specifically, her argument is that the information misappropriated does not qualify as “trade secrets” as that term is defined in the Act.

Moore v. State

92 Ark. App. 453 · Court of Appeals of Arkansas · Oct 12, 2005

The prosecution’s use of a peremptory challenge to remove the only black prospective juror may establish a prima fade case. Cooper v. State, 324 Ark. 135 , 919 S.W.2d 205 (1996). … Clearly the State did not use a peremptory strike against the only black prospective juror because, as the trial court pointed out, there had already been at least one black juror seated without objection. In Jackson v.

Leonard Fulmer v. Arkansas Department of Human Services and Minor Child

660 S.W.3d 347 · Court of Appeals of Arkansas · Feb 8, 2023

6 termination.11 Clear and convincing evidence is that degree of proof that will produce a firm conviction in the finder of fact regarding the allegation sought to be established … Even when it seemed as if he understood the answers to those questions at the termination hearing, he qualified them with “I guess.”

Arkansas Department of Health & Human Services v. Jones

97 Ark. App. 267 · Court of Appeals of Arkansas · Jan 31, 2007

On January 18, 2006, Jacob Hines, JTH’s father, filed a petition to establish paternity and also requested the court to enter an order placing JTH in the temporary or permanent custody of the paternal grandparents, Iva and … Our standard of review is de novo, but we will not reverse a circuit court’s findings in a dependency-neglect case unless they are clearly erroneous or clearly against the preponderance of the evidence. Moiser v. Ark.

Newman v. Arkansas Department of Human Services

489 S.W.3d 186 · Court of Appeals of Arkansas · Apr 13, 2016

Clear and convincing evidence is that degree of proof that will produce in the factfinder a firm conviction as to the allegation sought to be established. Id., 434 S.W.3d at 380. … And clearly, the best practice would have been for the trial court to timely enter its termination decision.

Gregory v. Moose

266 Ark. 926 · Court of Appeals of Arkansas · Nov 16, 1979

We believe these factors clearly affected the marketability of these lands and that the appraisal in 1978 was tainted by their omission. … In conclusion, it is presumed that a trustee has acted in good faith and the burden of proof rests upon those who question his actions and seek to establish a breach of trust.

Samantha Ann Skelton (Now Frye) v. Colton Scott Davis; Scott and Sheri Davis; And Joshua Cole Frye

639 S.W.3d 373 · Court of Appeals of Arkansas · Dec 1, 2021

In recent years, Arkansas statutory law has become more liberal in establishing grandparents’ rights. … For that reason, it is my position that the circuit court clearly erred in finding that Mr.

Weatherspoon v. Arkansas Department of Human Services

2013 Ark. App. 104 · Court of Appeals of Arkansas · Feb 20, 2013

Karen Boyd-Worley, who was qualified as an expert, also testified at the termination hearing. Dr. … On appeal, the appellate court will not reverse the circuit court’s ruling unless its findings are clearly erroneous. Ullom, supra.

Kevin Jolliff v. Jessica Wilson

636 S.W.3d 390 · Court of Appeals of Arkansas · Nov 3, 2021

THE COURT: As far as most four-year-olds are not going to qualify as witnesses anyway. … Our standard of review following a bench trial is whether the circuit court’s findings are clearly erroneous or clearly against the preponderance of the evidence. 2 A finding is clearly erroneous when, although there is

Paul Anthony Beene v. State of Arkansas

2019 Ark. App. 493 · Court of Appeals of Arkansas · Oct 30, 2019

We have held that “value may be sufficiently established by circumstances that clearly show a value in excess of the statutory requirement.” Moore, 2013 Ark. … An owner of a chattel, although not an expert on the subject, is qualified by virtue of being the owner to give an opinion as to its value. See McCorkle v. Valley Forge Ins. Co., 11 Ark.

Gu Yue v. David Lonon

698 S.W.3d 378 · Court of Appeals of Arkansas · Sep 4, 2024

Yue stated that she and her husband filed a joint income-tax return and “qualified to receive a joint refund of $5177,” which was deposited into a bank account that was her husband’s separate property. … (D) Only upon a written finding or specific finding on the record that the application of the child support chart would be unjust or inappropriate, as determined under established criteria set forth in the family

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635 S.W.3d 502 · Court of Appeals of Arkansas · Sep 22, 2021

[T]his Court requires a more clearly worded and unequivocally stated document [] before it can find that [PES has] met [its] burden of proof. … The FAA establishes a national policy favoring arbitration when the parties contract for that mode of dispute resolution. Phillips, 2019 Ark. 305, at 4, 586 S.W.3d at 629.

Dalton v. Allen Engineering Co.

66 Ark. App. 201 · Court of Appeals of Arkansas · May 5, 1999

I have not changed my opinion other than to qualify it by saying that I don’t know what the situation is currently so I don’t know whether he needs it or not. Darvocet is a narcotic pain medication. … Dalton clearly established the need for further medication, and there was no evidence to the contrary.

Stone v. Washington Regional Medical Center

490 S.W.3d 669 · Court of Appeals of Arkansas · Apr 27, 2016

Such a release has the effect of turning the determinable or qualified fee into a fee simple absolute.”); Long v. Long, 343 N.E.2d 100 (Ohio 1976); Wash. State Grange v. Brandt, 148 P.3d 1069 (Wash. App. 2006); W.A. … The 7 This new condition clearly presupposes or anticipates a future sale of the FCH property with the proceeds therefrom held in trust for the establishment and maintenance of a hospital at a different

Dunaway v. GARLAND CTY. FAIR AND LIVESTOCK SHOW ASSOCIATION, INC.

97 Ark. App. 181 · Court of Appeals of Arkansas · Dec 20, 2006

The bylaws establish a three-tier membership regime. … In bench trials, the standard of review on appeal is not whether there is any substantial evidence to support the finding of the court, but whether the judge’s findings were clearly erroneous or clearly against the preponderance

Ward v. Union Life Insurance

9 Ark. App. 131 · Court of Appeals of Arkansas · Jul 6, 1983

The evidence which the trial court erroneously allowed was offered by appellee in its attempt to meet its burden of proof in establishing the good faith defense. … Appellee in part relied upon this objectionable testimony and evidence to establish a causal connection between appellants’ alleged misrepresentations and their eventual claims.

Heptinstall v. Asplundh Tree Expert Co.

84 Ark. App. 215 · Court of Appeals of Arkansas · Dec 10, 2003

Therefore, appellant was not required to prove that his staph infection qualified as an occupational disease. … Clearly, appellant did not object to the injury being considered as an occupational disease.

Ewings v. State

85 Ark. App. 411 · Court of Appeals of Arkansas · Mar 24, 2004

In order to prove constructive possession, the State must establish beyond a reasonable doubt 1) that the defendant exercised care, control, and management over the contraband, and 2) that he knew that the matter possessed … the jury shall again retire and determine a sentence within the statutory range. (4) The court, in its discretion, may also„ instruct the jury that counsel may argue as to alternative sentences for which the defendant may qualify

Carder Buick-Olds Co. v. Wooten

2009 Ark. App. 310 · Court of Appeals of Arkansas · Apr 22, 2009

Hessig-Ellis Drug Co., 93 Ark. 497 , 125 S.W. 434 (1910), for their holdings that: On general principles, whenever the act of one party, to whom another is bound to tender money, services, or goods, indicates clearly that … We remand with instructions that the circuit court enter an order providing that Wooten can satisfy the judgment by paying Carder $4500 and transferring his shares of stock in R & T Motors within a deadline established by