Case law

Fleming v. DIRECTOR. ARK. EMP. SEC. DEPT.

73 Ark. App. 86 · Court of Appeals of Arkansas · Mar 14, 2001

Code Ann. § ll-10-514(a), is Nibco, Inc. v. Metcalf, 1 Ark. … See also McKissick v. Rolle, 61 Ark. App. 266, 269 , 966 S.W.2d 921, 923-924 (1998); Rollins v. Director, 58 Ark. App. 58, 61 , 945 S.W.2d 410, 411 (1997).

Kevin Bennett v. Director, Arkansas Department of Commerce, Division of Workforce Services

2022 Ark. App. 129 · Court of Appeals of Arkansas · Mar 16, 2022

OF REVIEW V. … See Sharum v. Ark. Dep’t of Com., 2022 Ark. App. 96, ___ S.W.3d ___. For the reasons 2 The Board’s decision notes that Bennett based “his belief on a letter that he said he received.”

Home Care Professionals of Arkansas, Inc. v. Williams

95 Ark. App. 194 · Court of Appeals of Arkansas · May 10, 2006

On appeal, the findings of the Board of Review are conclusive if they are supported by substantial evidence. Barb’s 3-D Demo Serv. v. Director, 69 Ark. App. 350 , 13 S.W.3d 206 (2000). … We review the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Board’s findings. Steinert v. Director, 64 Ark. App. 122 , 979 S.W.2d 908 (1998).

Hiner v. Director, Arkansas Employment Security Department

61 Ark. App. 139 · Court of Appeals of Arkansas · Mar 25, 1998

As Judge George Howard wrote in Wacaster v. … Based on our established position that arguments raised for the first time on appeal will not be considered, we decline to reverse the Board of Review on that ground. See Hooks v. Pratte, 53 Ark.

Ferren v. Director

59 Ark. App. 213 · Court of Appeals of Arkansas · Dec 3, 1997

Compare Lawrence v. Everett, 9 Ark. App. 138 , 653 S.W.2d 140 (1983) (matter remanded to Board of Review in light of its failure to make a finding on an issue), with Wright v. American Transportation, 18 Ark. … Carraro v. Director, 54 Ark. App. 210 , 924 S.W.2d 819 (1996). The Board’s decision is supported by substantial evidence. Therefore, the Board’s decision on this point is affirmed.

Worden v. Dir.

2013 Ark. App. 579 · Court of Appeals of Arkansas · Oct 9, 2013

The findings of fact by the Board of Review are conclusive if they are supported by substantial evidence. Tilson v. Director, 91 Ark. App. 111, 112, 208 S.W.3d 819, 821 (2005). … Vaughn v. Everett, 5 Ark. App. 149, 633 S.W.2d 401 (1982).

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

Clowers v. Lassiter, 363 Ark. 241, 244, 213 S.W.3d 6, 9 (2005). 24. “Mandamus does not lie to control a public official’s discretionary act.” Martz v. Felts, 2019 Ark 297, at 3, 585 S.W.3d 675, 677. 25. … Lottery Comm’n v.

Greenberg v. Director, Employment Security Department

53 Ark. App. 295 · Court of Appeals of Arkansas · May 22, 1996

George’s, Inc. v. Director, 50 Ark. App. 77 , 900 S.W.2d 590 (1995). There is an element of intent associated with a determination of misconduct. Id. In Willis Johnson Co. v. Daniels, 269 Ark. 795 , 601 S.W.2d 890 (Ark. … Sadler v. Stiles, 22 Ark. App. 117 , 735 S.W.2d 708 (1987). However, we are not at liberty to ignore our responsibility to determine whether the standard of review has been met. Riceland Foods, Inc. v. Director, 38 Ark.

Peco Foods, Inc. Occusure Claims Services, LLC And Death & Permanent Total Disability Trust Fund v. Jeffrey Johnson

666 S.W.3d 121 · Court of Appeals of Arkansas · Apr 12, 2023

This principle was illustrated by our court in McCarty v. Board of Trustees of the Little Rock Police Pension Fund, 45 Ark. App. 102, 872 S.W.2d 74 (1994), in which we held that Ark. R. App. P. … GLADWIN, KLAPPENBACH, THYER, and BROWN, JJ., join. 13

Bennett v. Director

73 Ark. App. 281 · Court of Appeals of Arkansas · Apr 18, 2001

This court’s jurisdiction is derived from the appeal, and we may not render any judgment that the Board of Review could not have rendered. See Markham v. Evans, 239 Ark. 1154 , 397 S.W.2d 365 (1965). … Baldor Electric Co. v. Arkansas Employment Sec. Dep’t, 71 Ark. App. 166 , 27 S.W.3d 771 (2000).

Ramirez v. Dir.

2013 Ark. App. 453 · Court of Appeals of Arkansas · Aug 28, 2013

The Board’s findings are conclusive if they are supported by substantial evidence. Trigg v. Director, 72 Ark. App. 266, 34 S.W.3d 783 (2000). … Tenenbaum Co. v. Director, 32 Ark.

ULANDA DIGBY-BRANCH v. WESTSIDE CONSOLIDATED SCHOOL DISTRICT NO. 5 AND SCOTT J. GAUNTT, INDIVIDUALLY, AND IN HIS CAPACITY AS SUPERINTENDENT OF THE WESTSIDE CONSOLIDATED SCHOOL DISTRICt

2023 Ark. App. 164 · Court of Appeals of Arkansas · Mar 15, 2023

No. 25 v. Steele, 347 Ark. 193, 198, 61 S.W.3d 801, 803–04 (2001). … Wood v. Lathrop, 249 Ark. 376, 379, 459 S.W.2d 808, 809–10 (1970); Deltic Timber Corp. v. Newland, 2010 Ark. App. 276, 374 S.W.3d 261.

Allen v. Director, Department of Workforce Services

434 S.W.3d 384 · Court of Appeals of Arkansas · Apr 16, 2014

ALLEN APPEAL FROM THE ARKANSAS APPELLANT BOARD OF REVIEW [NO. 2013-BR-00178] V. … Analysis This court affirms the Board of Review when its decision is supported by substantial evidence. Garrett v. Dir., Dep’t of Workforce Servs., 2014 Ark. 50.

Ozark Mountain Reg'l Pub. Water Auth. v. Arkansas Attorney General

598 S.W.3d 864 · Court of Appeals of Arkansas · Mar 18, 2020

Hackney, Co. v. … Reed v.

Frank Wheeler v. State of Arkansas

2025 Ark. App. 407 · Court of Appeals of Arkansas · Sep 3, 2025

The controlling case is our supreme court’s decision in Brown v. State, 347 Ark. 308, 65 S.W.3d 394 (2001). … Brown, 347 Ark. at 317, 65 S.W.3d at 399–400 (citations omitted). See also Taylor v. State, 2019 Ark. App. 348, 582 S.W.3d 870.

Sexton v. Local Police & Fire Retirement System

506 S.W.3d 248 · Court of Appeals of Arkansas · Oct 26, 2016

Koster v. Custom Pak & Trissel, 2009 Ark. App. 780, at 3 (internal citations omitted). In its written order, the Board cites Dr. … We therefore reverse the Board’s decision and remand for further proceedings consistent with this opinion. See Williams v.

Carthel Jackson Hodges Sr. Revocable Trust v. Gravel Hill Cemetery Comm.

498 S.W.3d 746 · Court of Appeals of Arkansas · Aug 31, 2016

Peavler v. Bryant, 2015 Ark. App. 230, 460 S.W.3d 298. According to Myers v. … Brown v. Lee, 2012 Ark. 417, 424 S.W.3d 817.

Grigsby v. Everett

8 Ark. App. 188 · Court of Appeals of Arkansas · May 4, 1983

Id.The credibility of witnesses and the weight to be accorded their testimony are matters to be resolved by the Board of Review. Daniels v. Hillcrest Homes, Inc., 268 Ark. 576 , 594 S.W.2d 64 (Ark. … In Hamby v. Everett, 4 Ark. App. 52 , 627 S.W.2d 266 (1982), this writer and Judge Cooper dissented and decried the well-established rule giving the Board the right to weigh the credibility of witnesses.

Niece v. Director, Employment Security Department

67 Ark. App. 109 · Court of Appeals of Arkansas · Jun 16, 1999

The credibility of the witnesses and the weight to be accorded their testimony are matters to be resolved by the Board of Review. Anderson v. Director, 59 Ark. App. 266 , 957 S.W.2d 712 (1997). … Perdrix-Wang v. Director, 42 Ark. App. 218 , 856 S.W.2d 636 (1993). The Board relied on the case of George’s Inc. v. Director, 50 Ark.

Jackson v. Petit Jean Electric Co-op

268 Ark. 1076 · Court of Appeals of Arkansas · Apr 23, 1980

The appellant Jackson contends this contractual provision brings this case under the control of Dunn v. Brown & Root, Inc., 455 F. 2d 717 (8th Cir. 1972). The facts in Dunn, however, are readily distinguishable. … The contract between Brown & Root and the plaintiffs employer (subcontractor) had specifically called for Brown & Root to install the inserts prior to the beginning of performance by plaintiffs employer.