Case law

Medical Park Hosp. v. BANCORPSOUTH BANK OF HOPE

357 Ark. 316 · Supreme Court of Arkansas · May 6, 2004

King, which presents a well-established exception to the spendthrift trust. There are two problems with this argument. … He evidenced his intention most clearly by creating a stated income.

Jones v. Trejo

District Court, W.D. Arkansas · Jun 24, 2021

You will see in the closing statements of Director Rory Giffin, clearly saying I have merit, but will not address it. … immunity.

Leaf Home Solutions and Pma Management Group v. John Kunkel

702 S.W.3d 398 · Court of Appeals of Arkansas · Nov 6, 2024

Our court held that an order that establishes a party’s right to recover but remands for a determination of the amount of benefits to be awarded was not a final order and dismissed the appeal. Id. … Strict construction requires that nothing be taken as intended that is not clearly expressed. Lewis v. Calfrac Well Servs. Corp., 2015 Ark. App. 141, at 5, 457 S.W.3d 313, 316.

Jones v. Kohler Co. Pension Plan

224 F. Supp. 3d 691 · District Court, E.D. Arkansas · Dec 1, 2016

ERISA does not establish what standard of review courts should use for actions challenging benefit eligibility determinations. Firestone Tire & Rubber Co. v. … It clearly states that the disability must first occur “after a Member both has completed ten years of Vesting Service and has attained his forty-fifth birthday” (Dkt. No. 12, at 8).

Victory v. Smith

2012 Ark. App. 168 · Court of Appeals of Arkansas · Feb 22, 2012

Bank of the Ozarks loan officer Gina King testified that the Victorys qualified for the loan to pay for the Treece property. … The Victorys argue, and we agree, that the trial court clearly ei’red. First, the trial court erred in fact.

Washington v. State

2010 Ark. App. 596 · Court of Appeals of Arkansas · Sep 15, 2010

Washington replied that the testimony would rebut the State’s inference that the $2084 was drug money and that the State had not qualified Chapmond as an expert. … Here, as in Phillips and Meadows, Washington’s motions for directed verdict did not clearly and specifically enunciate the proof that was missing regarding the criminal offense.

Opinion No.

Arkansas Attorney General Reports · Apr 27, 2006

(a)(1)(B) of this section, early voting shall be available to any qualified elector who applies to the county clerk's designated early voting location, beginning fifteen (15) days before a preferential primary or general … In my opinion, therefore, the proposed action of the Mississippi County Election Commission does not clearly contravene A.C.A. § 7-5-418 . Deputy Attorney General Elana C.

Opinion No.

Arkansas Attorney General Reports · Apr 12, 2002

The burden of proof is on the protestant to show that the assessment is manifestly excessive or clearly erroneous or confiscatory. Potlatch Corp. v. … The statute states: "Debt service funding supplement" means the state financial aid provided to qualifying local school districts for the purpose of reducing existing debt service burdens and increasing the amount of local

Taylor v. Hamilton

90 Ark. App. 235 · Court of Appeals of Arkansas · Mar 9, 2005

On March 26, 2002, Jimmy filed a petition against Gladys to establish Samuel’s paternity in the Jefferson County Circuit Court. … Code Ann. § 28-9-209 (d)’s requirement that a court of competent jurisdiction establish his paternity.

Addison v. State

298 Ark. 1 · Supreme Court of Arkansas · Feb 20, 1989

Clearly, the officers breached the positive duty mandated by Rule 2.3. See Burks, supra. … In this instance, the evidence established probable cause to support Addison’s detention at the station. Since there was probable cause to detain Addison, it is not necessary for us to address the issue of consent.

Ex parte Allen

26 Ark. 9 · Supreme Court of Arkansas · Dec 15, 1870

judicial power of the State shall be vested in the Senate, sitting as a court of impeachment, a Supreme Court, circuit courts, and such other courts, inferior to the Supreme Court, as the General Assembly may from time to time establish … Are these officers not as clearly in aid of the chief executive, as is the tax assessor, coroner, or sheriff?

Hollowell v. Gravett

118 F.R.D. 473 · District Court, E.D. Arkansas · Nov 16, 1987

Defendant Montgomery moved to dismiss for failure to state a claim, res judica-ta, waiver, estoppel and immunity. (Docket # 12.) … The concept of res judicata is often not clearly differentiated from the concept of collateral estoppel. Defendant Dillinger moves for summary judgment based on res judicata. Howard v.

In the Matter of the Guardianship of S.H.

455 S.W.3d 313 · Supreme Court of Arkansas · Feb 26, 2015

Failure to accord fit parents a presumption in favor of their decision to terminate a guardianship established by parental consent would penalize their initial decision to establish the guardianship and deter parents from … Code Ann. § 28-65-204 (a) are whether the natural parent is qualified and suitable and what is in the child’s best interest.

Devor v. State

2012 Ark. App. 82 · Court of Appeals of Arkansas · Jan 25, 2012

In April 2009, Monica became a State witness in exchange for immunity. Dee was arrested for capital murder not long afterward and remained jailed for more than a year. … App. 613 , 343 S.W.3d 327 (test requires that accomplice testimony be excluded and that other evidence independently establishes the crime and corroboration evidence “tends to connect” the defendant with it).

Lawrence v. Jones

228 Ark. 1136 · Supreme Court of Arkansas · May 5, 1958

Thereafter there was a referendum vote on these two ordinances, at which all qualified electors in the city, whether property owners or not, were allowed to vote, and both, ordinances were approved by a majority of more than … The record clearly shows that the city council of McGehee proceeded here under Act 132 of 1933 (Ark.

Noble v. Neal

572 S.W.3d 40 · Court of Appeals of Arkansas · Feb 13, 2019

However, she argues that the claim of heirship was not concluded or established within the required 180 days. … We believe that the trial court clearly erred in finding that Reed was Langdon's heir.

Larry Zane Neff v. State of Arkansas

618 S.W.3d 479 · Court of Appeals of Arkansas · Mar 17, 2021

A circuit court’s factual determinations on a motion for a new trial will not be reversed unless clearly erroneous, and the circuit court determines issues of credibility. Id. … Jurors are presumed to be unbiased and qualified to serve. E.g., Holloway v. State, 363 Ark. 254, 213 S.W.3d 633 (2005); see also Taffner, supra.

Fretwell v. State

289 Ark. 91 · Supreme Court of Arkansas · May 19, 1986

Clearly, the giving of the Allen charge was erroneous as it would encourage unanimity and possibly encourage a penalty of death in order to avoid a retrial. … The use of death qualified juries was declared unconstitutional in Grigsby v. Mabry, 569 F. Supp. 1273 (E.D. Ark. 1983).

Arkansas Electric Energy Consumers, Inc. v. Arkansas Public Service Commission

2012 Ark. App. 264 · Court of Appeals of Arkansas · Apr 18, 2012

In doing so, we observe that the interpretation of a statute by the agency charged with its execution is highly persuasive, and, while not binding on this court, will not be overturned unless it is clearly wrong. Sw. … 1) removed the utility’s production facilities from the Commission’s jurisdiction; 2) violated the idea that a public utility’s production assets are held in trust for the public; 3) made shareholders’ use of the assets immune

Opinion No.

Arkansas Attorney General Reports · Jan 20, 1994

Subsection (b) of § 6-18-703 clearly envisions the participation of Health Department employees in the clinics, and subsection (a)(1) (which is the codification of Section 36(b) of the appropriation act) addresses the establishment … And it is well-established that the courts will construe a legislative enactment as constitutional if at all possible. See Cozad v. State, 303 Ark. 137 , 792 S.W.2d 606 (1990).