Case law

Richardson v. Union Pacific Railroad

2011 Ark. App. 562 · Court of Appeals of Arkansas · Sep 28, 2011

On the specific facts of the present case, Boren established that over a period of 30 years, he was exposed to a variety of chemicals. … The evidence clearly shows Navarro’s witnesses’ theories have not been generally accepted as valid by the scientific community and the |S4theories have been put to no non-judicial uses.

Rodriguez v. Arkansas Department of Human Services

84 Ark. App. 177 · Court of Appeals of Arkansas · Dec 10, 2003

Grounds for termination must be proved by clear and convincing evidence, or evidence that will produce in the fact finder a firm conviction as to the allegation sought to be established. See Dinkins v. Ark. … DeYoub was qualified to conduct the evaluation.

Caterpillar Tractor Co. v. Waterson

13 Ark. App. 77 · Court of Appeals of Arkansas · Nov 28, 1984

In its argument appellant overlooks language in § 85-2-719 which qualifies its rights to limit or alter appellee’s remedies. … Ann. § 85-2-719, is clearly concerned with failure of essential purpose and not unconscionability.

Randy Hutchins v. Arkansas Department of Human Services and Minor Child

674 S.W.3d 765 · Court of Appeals of Arkansas · Sep 20, 2023

Randy alleged that he was “only established as a legal parent on July 14, 2022.” … DHS also argued that Randy does not qualify for fictive-kin placement under the code because MC had never lived with him.

Alford v. Hale

85 Ark. App. 23 · Court of Appeals of Arkansas · Feb 4, 2004

The qualified person making the application shall present to the State Registrar, the correct name, age, date of death of the body to be disinterred, place of disinterment, together with written consent of the next of kin … In that case, the appellate court stated that when the legislature enacts a statute that provides a clear and distinct right, it must be presumed the legislative enactment established the public policy of the state with respect

Belvedere Nursing and Rehabilitation Center, LLC; Central Arkansas Nursing Centers, Inc.; And Nursing Consultants, Inc. v. Kathy Ward, Thomas Poe, and Gilford Poe, as Co-Executors of the Estate of Martha Poe, and on Behalf of the Wrongful Death Beneficiaries of Martha Poe

706 S.W.3d 5 · Court of Appeals of Arkansas · Feb 5, 2025

Rather, the court explained, the rule establishes the conditions for receipt of federal funding through the Medicare and Medicaid programs. Id. … However, it is well established that arbitration agreements cannot be considered any differently than any other contract.

Melissa Bray v. Devin Bray

595 S.W.3d 72 · Court of Appeals of Arkansas · Feb 12, 2020

He stated that R.B. only takes speech therapy and barely qualifies for that. He said that they attend church regularly. … erroneous or clearly against the preponderance of the evidence. 9 Whether the circuit court’s findings are clearly erroneous turns largely on the credibility of witnesses, and we give special deference to the superior

Tamela Cox and Adrian Bennett v. Arkansas Department of Human Services and Minor Children

2024 Ark. App. 525 · Court of Appeals of Arkansas · Oct 30, 2024

We affirm the terminations. 1 At the time the case was opened, Bennett was listed as the putative father of MC1 (DOB 01/06/07) and MC2, but the circuit court ultimately found that DNA testing established … The circuit court ordered that the children remain in DHS custody and found that their placements—MC1 in a qualified residential treatment program (QRTP); MC2 in a therapeutic foster home; MC3 in residential treatment;

Bull Motor Co. v. Murphy

101 Ark. App. 33 · Court of Appeals of Arkansas · Dec 19, 2007

No special training or occupation is necessary to qualify a witness to estimate values. Naples Rest., Inc. v. … Coberly Ford, 259 Cal.App.2d 881 , 66 Cal.Rptr. 835 (1968). [2] The sales contract established the fair market price of the truck and Murphy's testimony established the difference in the actual value at the time of purchase

Whitworth v. Whitworth

2009 Ark. App. 410 · Court of Appeals of Arkansas · May 20, 2009

Rehabilitative alimony enables the receiving spouse to establish the capacity for self-support commensurate with the standard of living established during the course of the marriage, through the redevelopment of previous … Under these facts and circumstances, the trial court clearly erred in failing to award rehabilitative alimony. [1] I would reverse.

James Robert MacOm, Individually and D/B/A Benson Home Repair And Christy Benson v. Peter P. Di Cresce and Delores Di Cresce, by and Through Their Powers of Attorney, Joy Christie Di Cresce and Juantia Di Cresce

2023 Ark. App. 530 · Court of Appeals of Arkansas · Nov 15, 2023

Macom also argues because Rule 55(c) allows for “any other justifiable reason,” the extreme weather should qualify as a justifiable reason for the untimely filing. … Here, the affidavit of the process server clearly shows that service was attempted on Macom three times, and the server found that he was working outside the state of Arkansas and only home on Sunday.

Watkins v. Rowland

560 S.W.3d 814 · Court of Appeals of Arkansas · Oct 3, 2018

In the motion, several defenses were raised including that appellants' claims were barred by the applicable statutes of limitation, that appellants failed to state a claim for relief, and that these parties were immune from … To establish a violation of § 1983, a plaintiff must show that the deprivation (1) was a right secured by the United States Constitution and the laws of the United States and (2) was caused by a person or persons acting under

Lester Buckley Smith v. Vince Eastwood, as Parent and Next Friend of Two Minor Children

2026 Ark. App. 48 · Court of Appeals of Arkansas · Jan 28, 2026

Smith’s own unsupported assertion that his conduct was not outrageous does not qualify as meeting proof with proof. … In Chavis, an ex-wife was the custodian of two bank accounts established in the child’s name.

Amanda Borah and Steven Walls v. Arkansas Department of Human Services and Minor Child

612 S.W.3d 749 · Court of Appeals of Arkansas · Oct 28, 2020

This harm finding must be supported by “testimony by [a] qualified expert witness[.]” Id. … The court was clearly wrong about the grandparents not wanting to be involved in the case.

Marco Soto-Abarca v. Trexis Insurance Co.

2026 Ark. App. 192 · Court of Appeals of Arkansas · Mar 18, 2026

It first held that the compulsory-insurance law clearly stated that it was not intended to affect the validity of any exclusions in a liability policy. Id. at 243, 287 S.W.3d at 541. … Subsection (b) establishes minimum coverage amounts. 9 Ins. Co., supra (establishing the initial-permission rule).

Jamie Lyall v. Arkansas Department of Human Services and Minor Children

661 S.W.3d 240 · Court of Appeals of Arkansas · Feb 15, 2023

She claimed that she did not qualify for the inpatient treatment she wanted because she was not “on drugs” at the time she would have been admitted. … Thus, on this record we cannot say that the circuit court clearly erred. B.

Superior Federal Bank v. MacKey

84 Ark. App. 1 · Court of Appeals of Arkansas · Nov 19, 2003

A plaintiff must establish actual damage to his reputation, but the showing of harm may be slight. Id. … However, the qualified privilege must be exercised in a reasonable manner and for a proper purpose. Id.

Pratt v. Arkansas Department of Human Services

2012 Ark. App. 399 · Court of Appeals of Arkansas · Jun 20, 2012

Kirby’s status as C.J.’s biological father was established, and an attorney was appointed to represent him. … Clear and convincing evidence is that degree of proof that will produce in the fact-finder a firm 112conviction as to the allegation sought to be established. Id.

Holly Wood, John Wood, and Tara Capital, LLC v. Ladimer Alkhaseh Gloria Peterson, Benton County Collector Tommy Land, Commissioner of State Lands And Dawn Hill Townhouse and Condominium Property Owners Association, Inc.

666 S.W.3d 87 · Court of Appeals of Arkansas · Mar 29, 2023

The court found that Steven Rein, who appeared as counsel therein, was licensed out of state and had failed to take steps to be qualified to practice law in Arkansas. … or clearly against the preponderance of the evidence.

Watts v. St. Edward Mercy Medical Center

74 Ark. App. 406 · Court of Appeals of Arkansas · Jul 5, 2001

After a hearing on appellee's motion for summary judgment, the trial court concluded that appellant "failed to present any evidence by a qualified medical expert that the delay, if any, was the proximate cause of damage to … Clearly no expert testimony was offered that stated, within a reasonable degree of medical certainty, that appellant suffered pain.