Case law

Walnut Ridge Golf Club, Inc. v. City of Walnut Ridge

2010 Ark. App. 372 · Court of Appeals of Arkansas · May 5, 2010

The court also dismissed the club’s claim for damages on the basis that the 'city was immune. … The circuit court did not specifically rule on the takings claim, ruling instead that the club’s claim for damages was barred by immunity.

Cheryl Pillow v. Director, Department of Workforce Services

684 S.W.3d 302 · Court of Appeals of Arkansas · Feb 7, 2024

She chose to quit due to concerns about exposing her immune-suppressed husband to COVID-19. … She asserts that the Board agreed that she qualified for PUA based on her husband’s doctor’s instructions, but the Board erred in not finding that she continued to qualify through 2020 and 2021 because she was not cleared

City of Fort Smith v. Findlay

48 Ark. App. 197 · Court of Appeals of Arkansas · Mar 1, 1995

This clearly is not the law. … ’s objection was clearly prejudicial.

Cogburn v. Wolfenbarger

85 Ark. App. 206 · Court of Appeals of Arkansas · Feb 25, 2004

We agree that the trial court’s finding of incapacity was clearly erroneous. It is undisputed that there was no oral testimony or sworn written statement of a qualified professional as required by Ark. … Moreover, as was the case in In the Matter of Bailey, supra, the medical evaluations did not establish findings with respect to adaptive behavior. In that case our supreme court gave the following analysis of Ark.

Luis Artero v. State of Arkansas

2025 Ark. App. 290 · Court of Appeals of Arkansas · May 7, 2025

Nor was the fact that she had been previously qualified as an expert on the subject in other trials definitive as to whether she “was actually qualified as an expert.” … It is a well-established rule that a sentence imposed must be in accordance with the statutes in effect on the date of the crime. State v. Ross, 344 Ark. 364, 367, 39 S.W.3d 789, 791 (2001).

Bailey v. Maxwell

94 Ark. App. 358 · Court of Appeals of Arkansas · Mar 1, 2006

The trial court found that appellant had failed to establish that she was qualified to serve as guardian because she had presented no testimony that she was not a convicted and unpardoned felon. … Appellant failed to establish that she was either qualified or suitable to act as the child’s guardian.

Marvis Lewis, Jr. v. Twin Rivers Pine Bluff, LLC

2026 Ark. App. 140 · Court of Appeals of Arkansas · Feb 25, 2026

Plaintiff was clearly more qualified than Burnett who had only recently turned nineteen years of age at the time of his hire. … Plaintiff was clearly more qualified than Burnett who had only recently turned nineteen years of age at the time of his hire.

Board of Commissioners v. Sterling

268 Ark. 998 · Court of Appeals of Arkansas · Apr 16, 1980

Even though the highway authority may be immune from liability for damage, such immunity is not shared by the contractor. *** Tort damages by an independent contractor are to be distinguished from damages that inevitably … Such distinction is clearly made in White v.

Hopkins v. Arkansas Department of Human Services

79 Ark. App. 1 · Court of Appeals of Arkansas · Aug 28, 2002

Dependency-neglect must be established by a preponderance of the evidence. Ark. Code Ann. § 9-27-325 (h)(2)(B) (Repl. 2002). … Thus, we conclude that the circuit court did not clearly err in adjudicating M.J. dependent-neglected.

Whaley v. State

11 Ark. App. 248 · Court of Appeals of Arkansas · May 23, 1984

Under our well established rule we will not consider issues raised for the first time on appeal. … Clearly it is not required in all circumstances that a witness be qualified as an expert in order to state an opinion. Unif. R.

Carter v. St. Vincent Infirmary

15 Ark. App. 169 · Court of Appeals of Arkansas · Jun 12, 1985

Her testimony was further offered for the purpose of establishing that current medical evidence distinguishes the effects of different strains of the herpes virus. … Appellees assert that part of Nurse Bradshaw’s testimony concerning her making inquiries, by telephone and through a computer linkup regarding causation of permanent nerve damage, was clearly hearsay.

Guardianship A.B. v. Bair-Massey

562 S.W.3d 891 · Court of Appeals of Arkansas · Oct 31, 2018

On appeal, the Brewers argue that Massey failed to establish that she was qualified or suitable to act as guardian, and that the guardianship order was not in the child's best interest. … Here, there was ample evidence before the circuit court that Renee was qualified and suitable to serve as guardian.

McFarland v. Arkansas Department of Human Services

91 Ark. App. 323 · Court of Appeals of Arkansas · Jun 15, 2005

A.M. had night terrors and qualified for therapy in various areas. However, after seven to ten months of therapy, A.M. had improved dramatically. Ms. … Pursuant to our standard of review, we reverse only if the trial court’s finding is clearly erroneous.

City of Jacksonville v. Nixon

442 S.W.3d 906 · Court of Appeals of Arkansas · Sep 24, 2014

Standard of Review In reviewing the findings after a bench trial, we reverse only if the findings are clearly erroneous or clearly against the preponderance of the evidence. … Dana Nixon testified as the owner of the property and was qualified to render an opinion regarding its value.

Gerald Robinson, in His Official Capacity as County Judge of Jefferson County, Arkansas v. Lafayette Woods, Jr., in His Official Capacity as Sheriff of Jefferson County, Arkansas

2026 Ark. App. 225 · Court of Appeals of Arkansas · Apr 8, 2026

Therefore, the declaratory judgment claim is barred by sovereign immunity. See, e.g., Ark. Lottery Comm’n v. … To avoid the application of sovereign immunity, Petitioner urged that the County Judge’s actions were arbitrary and capricious, which is an exception to the defense of sovereign immunity. 29.

In Re Guardianship of Matthew Helton

594 S.W.3d 903 · Court of Appeals of Arkansas · Feb 19, 2020

Matthew first argues that certain statutory requirements for establishing incapacity were not satisfied, and this requires reversal. … At best, that affidavit established Matthew’s medical and physical condition, adaptive behavior, and intellectual functioning.

Perdrix-Wang v. Director, Employment Security Department

42 Ark. App. 218 · Court of Appeals of Arkansas · Jun 30, 1993

Good cause has been defined as a cause that would reasonably impel the average able-bodied, qualified worker to give up his or her employment. Teel v. Daniels, 270 Ark. 766 , 606 S.W.2d 151 (Ark. App. 1980). … There was no evidence to indicate that appellant’s child suffered from allergies or immunity problems or that she was in any way less than perfectly healthy.

Addington v. Wal-Mart Stores, Inc.

81 Ark. App. 441 · Court of Appeals of Arkansas · Apr 23, 2003

The federal court granted summary judgment to the officer on the basis that his arrest of Guidry was reasonable and thus he was entitled to qualified immunity. … We reversed on the basis that the type of analysis used by a court to determine the question of qualified immunity would be different from that used to determine tort liability.

RAY & ELIZABETH EVANS v. O.A.K. CONSTRUCTION, INC.

Court of Appeals of Arkansas · Oct 8, 2025

[The Evanses] clearly had actual notice of this language as indicated by their signatures directly below the “Important Notice.” … Kenmark relied on Parker, supra, to establish appellate jurisdiction.

Robert Herrington v. State of Arkansas

2025 Ark. App. 316 · Court of Appeals of Arkansas · May 21, 2025

Herrington again objected and argued that the State was “climbing into fact qualifying territory[.]” … “Unless the trial court’s discretion is clearly abused, it will not be reversed.” Id.