Case law

Olson v. Everett

8 Ark. App. 230 · Court of Appeals of Arkansas · May 18, 1983

In deciding whether or not the acts of the employee are wilful and wanton, we also have said that such is a question of fact for the Board of Review to determine. Arlington Hotel v. Employment Security Division, 3 Ark. … See Casias v. Industrial Commission, 38 Colo. App. 261 , 554 P.2d 1357 (1976); and Miller Brewing Co. v. Department of Industry, Labor and Human Relations, 308 N.W.2d 922 (Wis. Ct. App. 1981); see also Woodhams v.

Aaron v. Everett

6 Ark. App. 424 · Court of Appeals of Arkansas · Dec 1, 1982

In its findings, the Board made reference to an employer’s sworn letter that it had received after the Appeal Tribunal hearing but before the Board’s decision. … We recently held in Smith v. Everett, 6 Ark. App. 337 , 642 S.W.2d 320 (1982), that the Board does not have the j urisdiction to accept additional evidence in an appeal pending before it.

Ross v. White

15 Ark. App. 98 · Court of Appeals of Arkansas · May 22, 1985

Appellant refers us to Brown v. Peters, 53 Ark. 182 , 13 S.W. 729 (1890) wherein the Supreme Court held the debtor’s schedule must set out all of his property or no supersedeas should have issued. … We believe the court’s decision to do so is consistent with the Brown decision and the settled rule that a liberal construction should be given the requirements contained in § 30-209, supra. See Williams v.

Colbert English v. Director, Department of Workforce Services, and Ozark Mountain Poultry, Inc.

611 S.W.3d 705 · Court of Appeals of Arkansas · Oct 21, 2020

We do not conduct de novo reviews in appeals from the Board. Dillinger v. Dir., 2020 Ark. App. 138, 596 S.W.3d 62. … While our role in these cases is limited, we are not here to merely ratify the decision of the Board. See Boothe v. Dir., 59 Ark. App. 169, 954 S.W.2d 946 (1997).

Kuhn v. Director, Arkansas Employment Security Division

83 Ark. App. 201 · Court of Appeals of Arkansas · Oct 8, 2003

Ramsey v. Dep’t of Human Servs., 301 Ark. 285 , 783 S.W.2d 361 (1990). … Curen v. Arkansas Prof'l Bail Bondsman Lie. Bd., 79 Ark. App. 43 , 84 S.W.3d 47 (2002). In Raley v.

Milton Peebles III v. State of Arkansas

2019 Ark. App. 483 · Court of Appeals of Arkansas · Oct 23, 2019

Mondy v. State, 2019 Ark. App. 290, 577 S.W.3d 460. Our supreme court has made it clear that the rules of evidence apply to evidence introduced at the sentencing phase of a trial. Brown v. … KLAPPENBACH and BROWN, JJ., agree. Davis Firm, PLLC, by: Jason R. Davis, for appellant.

Barnard v. Dir.

2013 Ark. App. 573 · Court of Appeals of Arkansas · Oct 9, 2013

What constitutes good cause is ordinarily a question of fact for the Board to determine from the particular circumstances of each case. Perdrix-Wang v. Director, 42 Ark. … On appeal, the findings of fact of the Board of Review are conclusive if they are supported by substantial evidence. Ramirez v. Director, 2013 Ark. App. 453, at 2.

Barnard v. Dir.

2013 Ark. App. 573 · Court of Appeals of Arkansas · Oct 9, 2013

What constitutes good cause is ordinarily a question of fact for the Board to determine from the particular circumstances of each case. Perdrix-Wang v. Director, 42 Ark. … On appeal, the findings of fact of the Board of Review are conclusive if they are supported by substantial evidence. Ramirez v. Director, 2013 Ark. App. 453, at 2.

Department of Finance & Administration v. Samuhel

51 Ark. App. 76 · Court of Appeals of Arkansas · Nov 22, 1995

Marshall v. Alcoholic Beverage Control Bd., 15 Ark. App. 255 , 692 S.W.2d 258 (1985). … In the absence of any finding that the statutory requisites had been satisfied, the trial court erred in remanding to the Board for additional evidence to be taken. See Woolsey v.

Stephon Tyrone Harris v. State of Arkansas

635 S.W.3d 538 · Court of Appeals of Arkansas · Nov 17, 2021

Pursuant to Anders v. … See Harris v. State, 2021 Ark. App. 17; Harris v. State, 2021 Ark. App. 254. 5 Ark. R. App. P.–Crim. 1(a) (2020). 6 See Burgess v.

Quesenberry v. Director, Department of Workforce Services

477 S.W.3d 573 · Court of Appeals of Arkansas · Dec 9, 2015

[NO. 2015-BR-00865] V. … We review the Board’s findings in the light most favorable to the prevailing party and affirm the Board’s decision if it is supported by substantial evidence. Rodriguez v.

O'Guinn v. Little River Memorial Hospital

430 S.W.3d 150 · Court of Appeals of Arkansas · Oct 23, 2013

Wal-Mart Stores, Inc. v. Brown, 82 Ark.App. 600, 605 , 120 S.W.3d 153, 156 (2003). … Excelsior Hotel v. Squires, 83 Ark.App. 26 , 115 S.W.3d 823 (2003).

Riceland Foods, Inc. v. Director of Labor

38 Ark. App. 269 · Court of Appeals of Arkansas · Jun 10, 1992

As we explained in Exson v. Everett, Director, 9 Ark. … Now the opinion of the Board concedes, and the appellees admit, that these constitutional protections would not apply if Crenshaw consented to the drug testing policy. See Alexander v.

Jackson v. El Dorado School District

74 Ark. App. 433 · Court of Appeals of Arkansas · Jul 5, 2001

Hamilton v. Pulaski County Special School Dist., supra. … Dist. v.

Cartwright v. State

501 S.W.3d 849 · Court of Appeals of Arkansas · Sep 21, 2016

See Brown v. State, 347 Ark. 44, 47, 60 S.W.3d 422, 424 (2001); Hill, 276 Ark. at 302, 634 S.W.2d at 121. … Nelson v. State, 2015 Ark. App. 697, at 7, 477 S.W.3d 569, 573; Gillean v. State, 2015 Ark. App. 698, at 28, 478 S.W.3d 255, 272. Affirmed. HIXSON and BROWN, JJ., agree. Joseph P.

Johnson v. Cheatham

435 S.W.3d 515 · Court of Appeals of Arkansas · May 14, 2014

Stehle v. Zimmerebner, 375 Ark. 446, 291 S.W.3d 573 (2009). … Cheatham cites Brown v. Ashcraft, 101 Ark. App. 217, 272 S.W.3d 859 (2008), where the father filed a contempt petition against the mother alleging that she had refused to allow him visitation.

Sentoren Brooks v. State of Arkansas

687 S.W.3d 397 · Court of Appeals of Arkansas · Apr 10, 2024

Brown v. State, 347 Ark. 308, 65 S.W.3d 394 (2001); Thornton v. State, 2018 Ark. App. 33, at 7, 539 S.W.3d 624, 629. … See Brown v. State, 82 Ark. App. 61, 110 S.W.3d 293 (2003).

Means v. Nelle Gertrude Berger Trust

32 Ark. App. 202 · Court of Appeals of Arkansas · Nov 21, 1990

Miller v. Brown, 222 Ark. at 240 , 258 S.W.2d at 239 . Again, this language simply described the release in that case. … Massachusetts Bonding & Insurance Co., supra, thought that Miller v. Brown adhered to the decision in Dreyfus.

Cortney Moore v. Bestway Rent to Own, Continental Indemnity Company, and Zachary Daniel Waters

617 S.W.3d 300 · Court of Appeals of Arkansas · Feb 3, 2021

See, e.g., Miller, 2013 Ark. 23, 425 S.W.3d 723; Brown v. Finney, 326 Ark. 691, 932 S.W.2d 769 (1996). … In Brown, our supreme court affirmed immunity to the co-employee where the plaintiff received workers’-compensation benefits from his employer. Brown, 326 Ark. 691, 932 S.W.2d 769.

Samantha Boyce v. Director, Division of Workforce Services

2025 Ark. App. 601 · Court of Appeals of Arkansas · Dec 10, 2025

E-25-99 SAMANTHA BOYCE Opinion Delivered December 10, 2025 APPELLANT V. … See Blanton v. Dir., 2019 Ark. App. 205, at 2, 575 SW.3d 186, 188 (“[O]ur function on appeal is not merely to rubber stamp Board decisions.”). There is no written letter of resignation, as is customary.