Case law

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.

Rollins v. State

2009 Ark. App. 110 · Court of Appeals of Arkansas · Feb 25, 2009

The trial evidence established that Rollins was not intoxicated at the time of the accident. This is a closed question. … Pappas’s expert opinion that .221 micrograms per milliliter of methamphetamine without a doubt had a negative effect on the driving in this case clearly demonstrates that Hoyle acted recklessly in driving while under the

Fields v. Fields

88 Ark. App. 277 · Court of Appeals of Arkansas · Nov 10, 2004

A hearing was held on January 29, 2001, and on March 5, 2001, the trial court entered an order continuing the case pending an audit to be conducted by a qualified auditor selected by agreement of the parties. … It is a well established rule that the power to judge a contempt rests exclusively with the court contemned. See Harrison v. Harrison, 239 Ark. 756 , 394 S.W.2d 128 (1965).

Mays v. Mullins

547 S.W.3d 474 · Court of Appeals of Arkansas · Mar 14, 2018

Jacqueline stated that she was qualified to run the restaurant and that she was also "ready, willing, and able" to take over the administration of her brother's estate. … On the issue of voluntariness, we hold that the trial court did not clearly err.

Woodson v. State

2009 Ark. App. 602 · Court of Appeals of Arkansas · Sep 23, 2009

Taylor were qualified to testify as to the value of the monetary loss incurred. The circuit court denied the motions. … Although the preferred method of establishing value is through expert testimony, see Coley v.

Poole v. Poole

2009 Ark. App. 860 · Court of Appeals of Arkansas · Dec 16, 2009

The burden of establishing the increase in the property’s value lay with appellant. See Farrell v. Farrell, 365 Ark. 465 , 231 S.W.3d 619 (2006). … Appellant argues that, because the drug sample was handled and tested in an unreliable manner, it could not have yielded a reliable result, and that appellee was not qualified as an expert on drug testing or analysis.

James Parsons v. Preferred Family Healthcare, Inc.

2022 Ark. App. 277 · Court of Appeals of Arkansas · Jun 1, 2022

This is not sufficient to establish a claim for an illegal exaction. … In other words, PFH billed for services provided by its employees who were not qualified to bill Medicare for the services.

In re Estate of Edens

548 S.W.3d 179 · Court of Appeals of Arkansas · Apr 4, 2018

You did not qualify properly. You didn't give me immediate notice. Then I did waive it. I said, fine, go ahead. I'll stand with that. Go ahead. Fine, even though I don't think you're qualified, great, go ahead. … And if you're just trying to establish that I didn't enjoy the process, I'll acknowledge that I did not enjoy reading those Affidavits or Complaints Mr. Simpson filed.

James Parsons v. Preferred Family Healthcare, Inc.

2022 Ark. App. 277 · Court of Appeals of Arkansas · Jun 1, 2022

This is not sufficient to establish a claim for an illegal exaction. … In other words, PFH billed for services provided by its employees who were not qualified to bill Medicare for the services.

Blair v. Blair

95 Ark. App. 242 · Court of Appeals of Arkansas · May 17, 2006

The trial court’s findings in this regard will not be reversed unless they are clearly erroneous. Vo v. Vo, supra. … Even if the decree had no such provision, the trial court failed to apply the analysis established by Hollandsworth v. Knyzernki, 353 Ark. 470 , 109 S.W.3d 653 (2003), as appropriate for relocation cases.

Brunson v. State

54 Ark. App. 248 · Court of Appeals of Arkansas · Jun 26, 1996

United States, 333 U.S. 10 (1948), observed that probable cause can be established by a police officer relying on his sense of smell. … If the presence of odors is testified to before a magistrate and he finds the affiant qualified to know the odor, and it is one sufficiently distinctive to identify a forbidden substance, this Court has never held such a

Gilliam v. State

502 S.W.3d 558 · Court of Appeals of Arkansas · Sep 28, 2016

App. 434 supervision and services until he reached twenty-one years of age, but the offense of sexual assault in the second degree did not qualify for extended juvenile jurisdiction. … App. 434 transfer a case unless it is clearly erroneous. Nichols v. State, 2015 Ark. App. 397, 466 S.W.3d 431.

Church on the Rock - Texarkana v. Ace Signs of Arkansas, LLC

2025 Ark. App. 35 · Court of Appeals of Arkansas · Jan 29, 2025

Although construction contracts typically involve materials that qualify as goods (such as concrete or roofing tiles, for example), the services element of such contracts is usually held to be dominant. Id. … The court held that the equipment was 7 clearly movable at the time it was identified to the contract.

Dalana Phillips v. Arkansas Department of Human Services and Minor Children

2019 Ark. App. 383 · Court of Appeals of Arkansas · Sep 18, 2019

The court entered a goal of “establishing a guardianship” because “the parents should continue to work on the goals of the case plan.” … This court noted that its holding was “largely grounded in the custody arrangement that was established after [the child] was removed from his parents’ custody.” Cranford, 2011 Ark.

Todd v. State

494 S.W.3d 444 · Court of Appeals of Arkansas · May 25, 2016

A circuit court’s factual determination on a motion for new trial will not be reversed unless clearly erroneous. … Jurors are presumed unbiased and qualified to serve, and the burden is on the appellant to show otherwise. Id. Whether prejudice occurred is a matter for the sound discretion of the circuit court. Id.

Liberty Bank of Arkansas v. Byrd

482 S.W.3d 746 · Court of Appeals of Arkansas · Feb 10, 2016

App. 86 a circuit court in an equity case will not be reversed unless it was clearly erroneous. Cason v. Lambert, 2015 Ark. App. 41, 454 S.W.3d 250. III. … Thus, the circuit court did not improperly shift the burden of proof to the bank to establish the validity of the transfer of jointly held assets to the trust.

SubTeach USA v. Director, Department of Workforce Services

2009 Ark. App. 739 · Court of Appeals of Arkansas · Nov 4, 2009

For purposes of this subdivision, the term "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one (1 … The language of Act 391 of 1941 did not contain the qualifying language "through no fault of their own."

Knerr v. Ark. Dep't of Human Servs.

2014 Ark. App. 550 · Court of Appeals of Arkansas · Oct 8, 2014

She later qualified that she would need “at least two more months.” She stated that she wanted to be reunited with M.K. … After carefully examining the record and the brief presented to us, we believe counsel has complied with the requirements established by the Arkansas Supreme Court for no-merit appeals in termination cases and conclude

Rose Care, Inc. v. Ross

91 Ark. App. 187 · Court of Appeals of Arkansas · Jun 1, 2005

Instead, we limit our discussion to two aspects of her opinions that clearly establish a causal link between Rose Care’s actions and Mrs. Givens’s injuries ■— Rose Care’s failure to monitor Mrs. … Rose Care argues that appellee never established that such consultant reports existed.