Civil Cases

Rental company's lien notice sufficiently described the service provided; discrepancy in amount claimed and final lien was not fatal 2014 Ark.App. 423

Appeal from District Court was dismissed for failure to serve certified copy of docket sheet in strict compliance with Rule 9 2014 Ark.App. 430

Letter of Intent did not support suit for breach of contract or promissory estoppel; $105,865.61 attorney’s-fee award affirmed 13-1396

Employer may unilaterally amend retiree health care benefits without violating ERISA 13-1723

Veteran with 100% VA disability rating was properly denied Social Security Disability Insurance Benefits 13-2984

No notice to claimant on record of additional IQ Test means ALJ has not fully developed the record 13-2533

Prison doctor who failed to visually examine potentially infected surgery wound not deliberately indifferent; karate chop to nose that left no physical evidence of harm not excessive force 13-1156

Claim for flood insurance was denied based on failure to complete the correct form 13-2490

SFIP Flood Insurance Claim not perfected because claimant did not fill out and sign Proof of Loss form 13-2488

No duty to independent sign contractor who fell through a canopy; he was not forced to encounter the danger in order to perform the job 13-3327

Parolee could not bring Section 1983 suit against his parole officer when his parole was revoked because it would have the effect of invalidating the revocation order 13-2756

Res ipsa loquitur did not apply where defendant did not have exclusive possession and control of damaged property 2014 Ark.App. 442

Affidavit attached to post-trial brief was not improperly considered in summary judgment hearing 2014 Ark.App. 445

Court erred in determination of prevailing party and denial of interest in contract case 2014 Ark. 437

Lien on property did not expire despite limitation on time to file suit 2014 Ark.App. 450

Claims for breach of good faith and fair dealings in contract, more than three-year-old torts, and civil-rights violations would not stand in suit by Mountain Home Flight Service against Baxter County 12-3000

No qualified immunity for jailers where question of fact remained as to whether tasing a pre-trial detainee was necessary for compliance 13-3095

Arbitration agreement in nursing home admission failed for lack of mutuality 2014 Ark. 361

Entity that purchases debts and hires a lawyer to collect debts is required to be licensed as a debt collector 2014 Ark. 363

Summary judgment for defendant racetrack was reversed in premises liability case 2014 Ark.App. 459

Transfer of case did not affect order; child support arrearage was figured wrongly, but still correct 2014 Ark.App. 455

Officers entitled to qualified immunity where they dropped off intoxicated man in remote location 12­-3918

Class action against bank on non­judicial mortgage foreclosures fell into federal court’s diversity jurisdiction 12­-3526; 13­-1245

A trial judge may comment on the evidence so long as he does so fairly and impartially, and he may express his opinion upon the facts so long as he makes it clear to the jury that all matters of fact are submitted to their determination 13-1026

The test for scope of employment is whether the injury occurred within the time and space boundaries of the employment, when the employee was carrying out the employer's purpose or advancing the employer's interest directly or indirectly 2014 Ark. 377

Arbitration agreement in cell phone contracts was unenforceable due to lack of mutuality 2014 Ark. 375

Defense verdict in medical malpractice case affirmed 2014 Ark.App.480

Seller of real property should not have leased mineral rights; damages should not have been determined by summary judgment 2014 Ark.App. 473

Loss of contract dispute does not rule out attorney fees in successful Deceptive Trade Practices Claim 13-2919

Jury verdict for defendant reversed as being against the weight of the evidence in loan foreclosure case 12-3239

Impossibility as defense to contract was not shown; denial of attorney fees to winner must be explained 2014 Ark. 385

No illegal exaction case would lie where State paid for prescription drug alleged to be defective 2014 Ark. 388

Value of "living fence" recognized in eminent domain case 2014 Ark.App. 485

Verdict reinstating school principal and awarding $64,998 in damages was affirmed 2014 Ark. 390

Commission's finding of dual employment upheld based on substantial evidence 2014 Ark.App. 494

Jury verdict in MVA case awarding damages for extent of injury and pain, but nothing for medical bills was affirmed 2014 Ark.App. 498

Trial court abused its discretion denying motion to intervene as a matter of right 2014 Ark.App. 509

Finding of contempt, denial of offset for repairs to marital home, denial of reduction in alimony affirmed 2014 Ark.App. 507

Procedural trainwreck did not prevent consideration of testimony in child custody case 2014 Ark.App. 521

Stay based upon the Servicemembers Civil Relief Act was not a final order 2014 Ark. 412

Inability to get driver's license due to medical condition did not prove disability for truck driver No. 13-2782

Award after default judgment reversed based on insufficiency of the evidence 2014 Ark.App. 540

Trial court erred granting Rule 12(b)(6) motion to dismiss 2014 Ark.App. 534

An employer is entitled to a credit for "full wages" paid during a period of disability 2014 Ark.App. 548

General indignities was not established at divorce hearing 2014 Ark.App. 573,

"The Arkansas Alcoholic Beverage Amendment" timely filed and its title sufficient 2014 Ark. 429,

Requirement of photo ID for voting ruled unconstitutional 2014 Ark. 427,

Contractor's suit against the State was dismissed based on sovereign immunity; Claims Commission offers sufficient due process protection 2014 Ark. 432,

Jurors discussion of information not admitted as evidence did not warrant a new trial No. 13-3443,

Grant of summary judgment reversed; trial court ignored argument on fraudulent transfer related to legal fee 2014 Ark.App. 559,

Denial of Social Security benefits reversed and remanded to reconcile expert's testimony with guidelines No. 13-3774

Guardianship was a special proceeding, governed by statute and not the Rules of Civil Procedure 2014 Ark. 444

Motion for reconsideration was actually a motion for new trial, and therefore untimely 2014 Ark.App. 594

Failure to introduce document results in dismissal of petition to amend trust 2014 Ark.App. 596

Breach of contract verdict stands; agreement was not too vague 2014 Ark.App. 626

Conditionally granted application for liquor store denied 2014 Ark.App. 604

Dismissal based on lack of personal jurisdiction was reversed 2014 Ark. 460

Supreme Court overrules prior decision; sufficiency of the evidence may be made for the first time on appeal after a civil bench trial 2014 Ark. 458

Venue was right, for the wrong reason; parol evidence from party's lawyer was not admissible 2014 Ark. 461

Jury verdict for injured bicyclist stands; statute applying to "vehicles" does not cover bicycles 2014 Ark.App. 619

Suit for attorney's services as chief legal officer net approximately 10% of amount requested 2014 Ark.App. 613

No cause of action existed against employee who downloaded information before going to work for competitor 2014 Ark.App. 609

Circuit court correctly applied Supreme Court mandate in parental rights case 2014 Ark. 471

Defense verdict in medical malpractice case reversed; issue was total lack of consent, not informed consent 2014 Ark. 469

Unsuccessful will contest leaves son with no part of parent's estate 2014 Ark.App. 645

Dismissal was premature in contract action; indemnity clause was not effective, and factual questions remained 2014 Ark.App. 650

A.C.A. 11-9-102(4)(A)(i), compensable injuries caused by an accident, does not apply to gradual onset injuries 2014 Ark.App. 652

Defendant's second failure to appear warrants $100,000 bond forfeiture 2014 Ark.App. 657

"Pay-if-paid" clause in construction contract was not an affirmative defense that must be pled; dismissal of contractor should have resulted in dismissal of surety as well 2014 Ark. 484

Motion to intervene in school funding case was untimely 2014 Ark. 486

No malpractice found in skin-resurfacing procedure which resulted in third-degree burns 2014 Ark.App. 663

Arbitration agreement signed by unauthorized party cannot create binding agreement based on third-party beneficiary doctrine 2014 Ark.App. 661

Default judgment should have been set aside where trial court allowed service of complaint by email 2014 Ark. 499

Dismissal of suit against mortgage company upheld; "Show me the note" arguments do not apply to statutory foreclosure cases 2014 Ark.App. 683

Grant of guardianship based on incapacity was reversed for lack of professional evaluation 2014 Ark.App. 692

Termination of parental rights of non-parent was error 2014 Ark.App. 676.

Substantial evidence not present to support award of damages 2014 Ark.App. 699

Alexander Chief of Police unable to rely upon qualified immunity in 1983 suit No. 13-3497

Crude remarks by supervisor not sufficient for age or sex discrimination case No. 13-3729

Grant of new trial in malpractice case was affirmed where the law of allocation of fault was clarified shortly after entry of a verdict for the defendants 2014 Ark. 511

Choice-of-laws analysis results in underinsured motorist claim being reinstated 2014 Ark. 524

Entities authorized to offer banking services under federal law are "authorized to do business in Arkansas" for purposes of statutory foreclosure actions 2014 Ark. 513

Circuit Court was without jurisdiction to determine that plaintiff was not an employee of the defendant 2014 Ark. 506

Tax sale was set aside based upon insufficient notice to owner 2014 Ark 522

Retaliation claim against public official sued in his representative capacity could go forward based on statutory waiver of immunity for public employers 2014 Ark. 519

Union stuck with stipulated agreement to injunction banning flash mobs at Wal-Mart 2014 Ark. 517

Mother's ex-husband receives custody of her children with another man 2014 Ark.App. 704

Husband could not pursue wife's claim for divorce for her, despite willingness to admit and prove his own adultery 2014 Ark. 537

Payment of ad valorem taxes on manufacturing materials was not eligible for refund, even though it was not subject to taxation 2014 Ark. 536

Jury finds in favor of whistleblower and awards $1.2 million but appellate court reversed on emotional distress claim where jury awarded $568,000 No. 13-1468

Denial of motion to compel arbitration was reversed; trial court did not determine validity of agreement 2014 Ark. 545

Stock was marital property, but wife receives it all anyway under unequal distribution of marital assets 2014 Ark. 543

Engineer's lien does not relate back to start of construction; mortgage had priority 2015 Ark 1

Stepmother stood in loco parentis; visitation order affirmed 2015 Ark.App. 6

Gender discrimination claim against UAMS dismissed on summary judgment No. 13-2536

Failure to plead specific facts prevents claims against lawyer from being decided on the merits 2015 Ark. 15

Appeal regarding violation of Arkansas Freedom of Information Act was moot 2015 Ark. 17

Agreement between Central Arkansas Water and Pulaski County was a contract for administrative service and did not create an illegal exaction 2015 Ark. 29

Damages from assault were specifically excluded by insurance policy 2015 Ark.App. 36

Will provision requiring assent of all surviving children to sell land did not apply to grandchildren 2015 Ark.App. 29

Life insurance proceeds were not marital property 2015 Ark.App. 45

Trust alterations were permissible; wills were not clearly intended to be reciprocal 2015 Ark.App. 41

Auctioneer was not responsible for failing to cancel auction for lack of bidders 2015 Ark.App. 56

Forging check was a conversion, even though plaintiff was not the payee on the check 2015 Ark.App. 48

Putting on safety gear and accessing job site rendered injury job-related 2015 Ark.App. 60

Cable contractor deemed employee; TNT subject to unemployment taxes 2015 Ark.App. 79

Notice putting man on child maltreatment registry was deficient; entitled to appeal finding seventeen years later 2015 Ark.App. 75

Decline in income did not excuse payment of alimony 2015 Ark.App. 86

State court dismissal without prejudice considered final for issue preclusion in federal court No. 13-3492; No. 13-3723

Bankruptcy Rule 9011 sanctions warranted for allegations of fraud made against opposing counsel No. 14-6030

Workers' Compensation Commission granted exclusive jurisdiction over wrongful death claim 2015 Ark. 49

Reversal of order allowing interpleader of uninsured motorist proceeds upheld, along with dismissal of bad-faith complaint 2015 Ark.App. 95

Child support award for adult child with autism was affirmed 2015 Ark.App. 108

Arbitration agreement between general contractor and client did not help subcontractor who dropped 500-ton part 2015 Ark. 58

In loco parentis status deemed temporary; visitation can no longer be sought where the non-parent does not reside with the child 2015 Ark. 66

Standard for terminating guardianships, and two-step process, clarified 2015 Ark. 75

Decree of foreclosure stated wrong time period for right of redemption, but was not subject to collateral attack 2015 Ark. 78

Dual-employment doctrine shields employer from liability to worker hired through temp agency 2015 Ark. 135

Restrictions on the right to petition for initiated acts upheld, with minor exceptions 2015 Ark. 94

Summary judgment reversed in restrictive covenant case 2015 Ark.App. 158

Summary judgment in will contest reversed, along with Rule 11 sanction 2015 Ark.App. 140

District court dismissal of prisoner case reversed No. 13-2491

Exclusion of testimony in condemnation case was error 2015 Ark.App. 185

Judgment rendered against individuals reversed where they were only sued in representative capacity 2015 Ark.App. 186

Judgment against school board for discrimination is affirmed, though subject to remittitur No. 13-1953

Former employees lacked standing to challenge the current employees' arbitration agreement No. 14-1829

Supreme Court answers attorney fees question in insurance actions based on contract 2015 Ark. 110

Child support obligation reinstated for adult child with disability 2015 Ark.App. 188

Conversion award was supported by evidence of seizure of property; punitive damages were not proven 2015 Ark.App. 198

Defendant answered complaint before being served and then granted dismissal as soon as statute of limitations had run 2015 Ark.App. 191

Daycare exempt from paying unemployment insurance 2015 Ark.App. 204

Damage to worthless object cannot support negligence suit 2015 Ark.App. 214

Continuing trespass theory is not recognized for burial in wrong cemetery plot 2015 Ark.App. 213

County judge enjoined from removing cattle guard, ordered to pay damages 2015 Ark.App. 207

Summary judgment not warranted in divorce case 2015 Ark.App. 223

Order of protection dismissed for lack of affidavit 2015 Ark.App. 246

Electric company established a prescriptive easement regardless of any initial permissive use 2015 Ark.App. 237

Cy pres doctrine did not apply to trust where beneficiary church had closed 2015 Ark.App. 233

Underwriters of insurance policies should have been allowed to intervene in suit against brokers who placed the policies 2015 Ark. 178

Summons which incorrectly stated number of days for incarcerated defendant to answer prevents default judgment for defendant who is not incarcerated 2015 Ark. 175

Electric company owed duty of care to customer; up to jury to determine if that included duty to protect from squirrels 2015 Ark.App. 255

Homeowners policy exclusion for motor vehicles did not cover operation of self-propelled boom lift 2015 Ark.App. 253

Declaratory judgment action was barred by statute of limitations 2015 Ark.App. 281

Successful will contest affirmed 2015 Ark.App. 279

Homeowner unsuccessful in breach of contract claim against Allstate No. 14-1755

Court decides who will decide same-sex marriage case 2015 Ark. 189

Doctor sufficiently pled claims of tortious interference and deceptive trade practices 2015 Ark.App. 298

Substantial evidence supported denial of conditional use permit No. 14-2512

Grant of new trial affirmed based on misconduct during closing argument 2015 Ark. 210

Action sounded in contract, five-year statute of limitations applied 2015 Ark.App. 316

Betterment Act did not apply to property actually owned by the party 2015 Ark.App. 313

Plaintiff in car wreck was not entitled to Uninsured Motorist benefits No. 14-2125

Summary judgment in favor of insurer reversed in claim for lightning damage to crop already in storage 2015 Ark.App. 331

Trespass was not intentional; school district was entitled to qualified immunity 2015 Ark.App. 327

Denial of new trial affirmed where jury awarded no damages despite finding for plaintiff 2015 Ark.App. 343

Forced integration of oil mineral interests is not a "taking"; there is no right to a jury trial on damages 2015 Ark. 238

Combination of class-action and arbitration results in "legal morass", but no ruling 2015 Ark. 243

Sanctions under Rule 11 reversed based on lack of notice, denial of attorney fees affirmed 2015 Ark. 241

Lawsuit against nursing home chain alleging chronic under-staffing was approved as class action 2015 Ark. 253

Injunction barring enforcement of abortion ban was affirmed No. 14-1891

Fact question prevents summary judgment in case alleging detrimental reliance, even though Supreme Court finds there was no contract 2015 Ark. 268

Finding that notes were not securities was reversed and remanded for examination under proper standard 2015 Ark. 272

Class certification is affirmed in case alleging violation of the Arkansas Minimum Wage Act (AMWA) 2015 Ark. 275

Default judgment stands despite settlement agreement 2015 Ark.App. 373

Dispute over earnest money remanded because of ambiguous termination clause in contract 2015 Ark.App. 384

Cy pres doctrine does not apply to trust that was not legally a charitable trust 2015 Ark.App. 417

Woman with full scale IQ of 67 denied social security benefits No. 14-3041

Qualified immunity applied to police officer who made arrest based upon leaves that did not contain THC No. 13-3330

Fit parent who consents to a guardianship may terminate the guardianship by withdrawing his consent 2015 Ark. 289

Circuit court erred by determining terms of settlement agreement between parties who could not agree 2015 Ark. 291

Assessing interest on delinquent tax debts was not an illegal exaction 2015 Ark. 285

Summary judgment affirmed in case alleging breach of agreement to sell scrap from destroyed dog food plant No. 14-2575

Former employee's copying of computer files was enough to support judgment based on conversion No. 14-1514

Service on wrong agent did not prevent savings statute from applying No. 14-2579

Dismissal of claim against employer did not bar claim against employee by issue preclusion No. 13-3123

Granting of summary judgment in negligence/medical malpractice case in favor of defendant reversed 2015 Ark.App. 424

Breaching party failed to provide notice pursuant to contractual terms; liable for $3.8 million in damages No. 14-3360

Denial of adoption affirmed; judge not required to make determination on issue of necessity of consent 2015 Ark.App. 441

Denial of additional medical care was unreasonable, whether claimant was addicted to narcotics or not 2015 Ark.App. 443

Presumption favoring relocation did not apply in favor of mother with primary custody but joint legal custody 2015 Ark.App. 468

Security fraud claims dismissed for statute of limitations violation except for New Jersey claims No. 13-3315

Failure to seek DHS consent to adoption was fatal to petition 2015 Ark.App. 448

Finding that certain hospice care services were not medically necessary was affirmed 2015 Ark.App. 459

Judgment for ejectment was affirmed; fence too far removed from survey line to be considered 2015 Ark.App. 464

Granting of summary judgment in favor of POA against licensee in error 2014 Ark.App. 487

Summary judgment finding charitable immunity was reversed in nursing home case 2015 Ark.App. 478

Failure to show contamination on plaintiff's property, or source of contamination results in summary judgment 2015 Ark.App. 476

Default judgment set aside, but dismissal with prejudice was reversed based on savings statute 2015 Ark.App. 488

Admission of Facebook posts was not error in termination of guardianship case 2015 Ark.App. 496

Court's alteration of property settlement incorporated into divorce decree reversed, alimony statute found constitutional 2015 Ark.App. 499

District court reversed after granting partial summary judgment in arson case No. 14-1606

Cohabitation proven, alimony terminated but not retroactively 2015 Ark.App. 525

Summary judgment affirmed based on misrepresentations in insurance application 2015 Ark.App. 534

Award of rehabilitative alimony affirmed; dissent finds amount excessive, analysis flawed 2015 Ark.App. 530

Termination of parental rights based on imprisonment affirmed 2015 Ark. 356

Rejection of trusteeship was ineffective where bank exercised powers of trustee 2015 Ark. 367

Contract for purchase of water was enforceable against City 2015 Ark. 360

No hidden danger or unusually dangerous condition shown; employee of subcontractor did not have a claim against prime contractor 2015 Ark.App. 542

Tax sale of mineral interests was void; no adverse possession shown 2015 Ark.App. 555

Defamation claim against Walmart should not have been dismissed on summary judgment 2015 Ark.App. 549

Statute of repose did not apply to claim for property damage only 2015 Ark.App. 548

Summary judgment in favor of employer in race discrimination case reversed No. 13-3645

Proceeds ordered by the district court from a settlement of a False Claims Act remanded for clarification No. 11-3514

Dismissal of case filed against the governor and attorney general affirmed No. 14-3084

Summary judgment reversed in personal injury case where question remained as to employer's duty to exercise reasonable care in providing a safe workplace 2015 Ark.App. 586

Foreclosure of judgment lien reversed based on improper revivor 2015 Ark.App. 592

Malicious prosecution claim results in verdict of $2,750,000 2015 Ark.App. 574

Denial of motion to dismiss based on sovereign immunity reversed, appeal of state takeover of Little Rock schools dismissed 2015 Ark. 392

Modification of child custody affirmed; more than just passage of time supported a material change in circumstances 2015 Ark. 389

Summary judgment in negligence case based on exculpatory contract was affirmed 2015 Ark.App. 606

Wrongful discharge claim based on public policy was supported by sufficient evidence 2015 Ark.App. 601

Wrongful death claim against psychiatrist not barred by statute of limitations or quasi-judicial immunity 2015 Ark.App. 636

Finding deed void was reversed; change in life insurance beneficiary was affirmed 2015 Ark. 628

Unlawful detainer statute applies to more than landlord-tenant disputes 2015 Ark.App. 631

Dismissal of complaint affirmed in wrongful death case; previous complaint had already been removed to federal court 2015 Ark. 422

Land use restriction agreement was not enforceable against third-party purchaser 2015 Ark.App. 650

Case alleging violation of the Arkansas Minimum Wage Act was decertified as a class 2015 Ark. 428

Award of attorney fees reversed in condemnation action 2015 Ark. 433

Failure to pay court reporter results in dismissal of appeal 2015 Ark. 453

Warranty claims for services are subject to notice requirement of the UCC, if any warranties actually exist 2015 Ark. 444

Action to set aside family settlement agreement dismissed based on res judicata 2015 Ark. 442

MVA case reversed because of exclusion of medical testimony on causation 2015 Ark.App. 690

Rescission of real estate contract affirmed 2015 Ark.App. 680

Supreme Court reiterates that depreciation of labor in insurance policy violates public policy of Arkansas 2015 Ark. 460

Due process claim against the Arkansas Claims Commission was barred by sovereign immunity 2015 Ark. 462

No unjust enrichment where plaintiff built house on defendant's property without their consent 2015 Ark.App. 696

Arkansas Department of Environmental Quality decision to allow new steel mill in Mississippi County was affirmed. 2015 Ark.App. 703

City water department late fees were not ultra vires, usurious, nor unconscionable 2015 Ark. 482

Adding reservation of mineral interests went beyond scope of correction deed 2015 Ark.App. 716

Filing appeal in violation of stay results in attorney being held in contempt 2016 Ark.App. 6

Dismissal of sex discrimination and retaliation claims reversed No. 15-1153

Summary judgment denying coverage under homeowner's policy was reversed 2016 Ark.App. 27

Effort to undo sale of stock fails 2016 Ark.App. 33

Denial of writ of prohibition alleging improper venue provokes sixteen-page dissent 2016 Ark. 22

Class action status affirmed for suit alleging usury 2016 Ark. 24

Motion for Rule on Clerk was improvidently granted; appeal dismissed 2016 Ark. 25

Faulty home construction verdict for $209,000 affirmed 2016 Ark.App. 44

Defective seatbelt case dismissed on summary judgment motion 2016 Ark.App. 45

Wrong clause of buy-sell agreement used after couple divorced, partners forced sale 2016 Ark.App. 57

Plaintiff was an employee, workers compensation was exclusive remedy 2016 Ark.App. 56

England's former Chief of Police does not survive summary judgment on retaliation claim No. 14-1300

Nursing Home was not an "institution for treatment of mental disease" for purpose of guardianship statutes 2016 Ark. 36

Doctor unsuccessful in attempt to enjoin the Medical Board from enforcing rules 2016 Ark. 30

University of Arkansas immune from ad valorem taxation 2016 Ark. 34

Supreme Court decides it granted petition to review improvidently, reverses itself 2016 Ark. 39

Candidate who has had his conviction expunged is eligible to run for sheriff 2016 Ark. 52

Jury verdict affirmed in wrongful death case; attempts to show how jury reached its measure of damages were rejected 2016 Ark.App. 78

Writ of possession was affirmed for commercial landlord 2016 Ark.App. 94

Imposition of constructive trust was affirmed 2016 Ark.App. 86

Nursing Home arbitration agreement was enforceable even though the specified arbitrator was no longer in existence 2016 Ark. 62

Supreme Court addresses finality in divorce decrees that contemplate further action by the parties 2016 Ark. 64

Allowing adoption without consent of natural parent who has never been shown to be unfit draws scathing dissent 2016 Ark. 59

Default judgment based on service by warning order stands 2016 Ark.App. 121

School Board required to pay retirement benefits on settlement paid to teacher claiming discrimination 2016 Ark.App. 112

Finding of boundary by acquiescence affirmed 2016 Ark.App. 120

Forfeiture of $350,000 down payment on house was affirmed 2016 Ark.App. 125

Illegal exaction case fails because funds were not derived from taxes 2016 Ark. 75

Arbitration order affirmed despite public policy argument 2016 Ark.App. 143

Sufficient evidence presented to show will was not procured through undue influence 2016 Ark.App. 130

Summary judgment reversed in case alleging breach of trust agreement 2016 Ark.App. 133

Supreme Court sua sponte overturns rules regarding division of marital property 2016 Ark. 105

Guardian was authorized to enter into arbitration agreement; agreement was not impossible to perform or unconscionable 2016 Ark. 101

Summary judgment reversed in trade secrets case 2016 Ark.App. 156

Denial of summary judgment based on charitable immunity was reversed 2016 Ark. 157

Distribution of corporate property under spouse's election was reversed; division of stock based on status in tax filings affirmed 2016 Ark.App. 155

Homeowner's policy was ambiguous; summary judgment in favor of insurer was reversed 2016 Ark.App. 168

Arbitration agreement was void due to lack of mutual obligation or mutual agreement 2016 Ark. 116

Suit against nursing home was dismissed based on invalid notarization of resident's signature on power of attorney 2016 Ark. 112

Possible improper execution of mineral leases failed to show damages for plaintiffs whose leases were accurately executed 2016 Ark. 124

Hospital challenge to the Arkansas Peer Review Fairness Act dismissed for lack of a justiciable controversy 2016 Ark. 121

Will created a vested interest, not a charitable trust; application of cy pres doctrine was error 2016 Ark. 138

Water District tax assessment against real property in the district but serviced by adjacent city was in error 2016 Ark. 135

Employees who were held incommunicado while federal agents searched their employer have no claim No. 15-1656

Officer who relied on erroneous information in ACIC database is free from liability for arrest of wrong person 2016 Ark. 147

County judge was protected by judicial immunity 2016 Ark. 150

Failure to notify insurer of settlement with tortfeasor did not preclude underinsured coverage 2016 Ark.App. 196

Successful claim for breach of warranty of title nets verdict of $250.22 2016 Ark.App. 193

Judgment for $250 results in award of attorney's fees of $17,500 in breach of warranty of title case 2016 Ark.App. 197

Statute excluding evidence of seat belt use in car wreck cases declared unconstitutional 2016 Ark. 157

Default judgment was set aside, but savings statute prevents dismissal with prejudice 2016 Ark. 166

General Contractor who did not provide lien notice to homeowner was not barred from suing on contract or seeking to exert lien 2016 Ark. 162

Record was timely lodged, despite initial failure of order to show compliance with Rule 5; settlement agreement in estate affirmed 2016 Ark. 161

Division of periodic payments violated the Arkansas Structured Settlement Act 2016 Ark.App. 201

Division of assets in divorce upheld 2016 Ark.App. 210

Summary judgment dismissing fraud and civil conspiracy claims was affirmed 2016 Ark. 178

Ruling excluding use of treating physician as an expert in medical malpractice case was affirmed 2016 Ark.App. 212

Tyson employee unsuccessful in complaint alleging malicious prosecution, defamation, and outrage 2016 Ark.App. 221

Retirement community had no duty to screen residents for the ability to live independently 2016 Ark.App. 220

Denial of custody modification affirmed 2016 Ark.App. 223

Supreme Court agrees to answer certified question regarding extent of insurance coverage, but decides the question was moot 2016 Ark. 185

Arkansas FOIA requires disclosure of unredacted accident reports 2016 Ark. 188

Son wins feud with father over property, but attorney fees reversed 2016 Ark. 182

Statute of limitations barred negligence claim "cloaked" as a contract claim 2016 Ark.App. 230

Boundary by acquiescence established, even though not pled 2016 Ark.App. 224

Neighbors allowed to intervene in guardianship case 2016 Ark. 196

Electric Company owed no duty to injured worker of subcontractor 2016 Ark.App. 237

Pedestrian found 49.9% at fault in his own death; damages of $7,612 affirmed 2016 Ark.App. 263

Construction of will reversed; exclusion of expert testimony on probate and estate tax law issues affirmed 2016 Ark.App. 260

Turning dirty water into drinking water is not "manufacturing" for tax exemption purposes 2016 Ark. 209

Party seeking class certification for people whose property has been condemned gets denial of class certification reversed 2016 Ark. 212

Alimony award was abuse of discretion, automatic increase as child support ended was error 2016 Ark.App. 272

Quiet title decision reversed; color of title was not established 2016 Ark.App. 265

Later agreement between parties superseded earlier contract; summary judgment upheld 2016 Ark.App. 281

Wage violation based on failure to pay for time spent "donning and doffing" upheld 2016 Ark. 222

Arbitration agreement signed by emergency custodian of nursing home resident was not enforceable 2016 Ark. 235

Termination of parental rights was affirmed; dissenting justices would have found ineffective assistance of counsel and bias by the trial court 2016 Ark. 231

Denial of special needs trust as violative of public policy was reversed 2016 Ark. 229

Slip and fall case dismissed on summary judgment; no evidence that apartments were assisted living facility 2016 Ark.App. 303

Denial of petition to terminate guardianship was reversed, but admission of Facebook posts was not error 2016 Ark. 243

Whistleblower claim failed to state a factual basis; sovereign immunity applied 2016 Ark. 253

Defense attorney held in contempt twice during trial, grant of new trial after jury awards zero in damages was reversed 2016 Ark.App. 320

Civil committment of middle school teacher was reversed; no evidence that she was a clear and present danger 2016 Ark.App. 326

Intangible property may be the subject of a conversion action 2016 Ark. 281

Forced retirement of judges based on age ruled constitutional 2016 Ark. 272

Trooper who failed to procure medical attention not entitled to immunity No. 14-3280

Personal injury plaintiff required to pay insurer before being made whole; Federal Employee's Health Benefits Act preempts state law No. 14-3731

Incarceration for failure to pay child support arrearage was reversed 2016 Ark. 290

Verdict for $50,000 in car wreck case was affirmed 2016 Ark.App. 352

Summary judgment in whistle-blower claim reversed for two of three police officers 2016 Ark.App. 356

Trial court erred by ordering husband to pay back "loan" received from his wife during the marriage 2016 Ark.App. 370

Summary judgment granted in defective hair de-frizzer claim 2016 Ark.App. 372

Change to joint custody in paternity action after parents end period of cohabitation was affirmed 2016 Ark.App. 363

Owner of property was entitled to legal fees after successful defense of lien foreclosure action 2016 Ark.App. 380

Amendment to Rule 4(i) was retroactive 2016 Ark.App. 388

Violation of in terrorem clause was not done to harm trust or beneficiaries; no penalty was incurred 2016 Ark.App. 390

Car dealer's floor-plan provider and Ford Motor Credit fight over liens on vehicles that car dealer sold to himself 2016 Ark.App. 408

Court had jurisdiction to enforce terms of divorce decree; failure to pay loan was not a separate contract between the parties 2016 Ark.App. 406

Challenge to ballot title of initiated act legalizing medical marijuana was rejected 2016 Ark. 322

Dismissal of trust litigation was reversed because trial court used the wrong standard of review 2016 Ark.App. 423

Grandmother's consent for adoption was not necessary, despite claim that she stood in loco parentis to child 2016 Ark.App. 414

Malpractice defendant's expert satisfied the locality rule; juror challenge waived 2016 Ark.App. 442

Mother's consent to adoption was not required; order terminating visitation did not excuse total lack of contact 2016 Ark.App. 447

Summary judgment upheld in mineral rights case; party cannot ask for summary judgment and then contend on appeal that summary judgment was inappropriate 2016 Ark.App. 466

Ballot initiative seeking to limit malpractice awards and attorney fees struck for deficient ballot title 2016 Ark. 334

Medical marijuana initiated act ballot title found sufficient 2016 Ark. 339

Casino gambling amendment struck based on misleading ballot title 2016 Ark. 337

Court reversed when it granted a default judgment on its own motion 2016 Ark. 489

Whistleblower claims reinstated for two of three officers 2016 Ark. App. 491

Homeowner not entitled to benefit from insurer paying off her mortgage where it was later determined that she caused the damages through arson 2016 Ark.App. 473

Medical marijuana Act struck from ballot 2016 Ark. 359

Father who was receiving Social Security retirement ordered to pay child support based on imputed income 2016 Ark.App. 504

Denial of charitable immunity for nursing home was affirmed; concurrence calls to abolish immunity in light of realities of the industry 2016 Ark.App. 523

Workers Comp survivor benefits should have been paid to children even though the deceased worker 's parental rights had been terminated 2016 Ark.App. 531

Voluntary change in job did not prevent reduction in child support 2016 Ark.App. 535

What constitutes a "good car" is a matter of opinion 2016 Ark.App. 540

Injunction barring union from entering Walmart premises for all non-shopping activities was enforceable, but too broad 2016 Ark. 397

Claims against estate were time-barred; creditor was not known or reasonably ascertainable, not entitled to two-year claim period 2016 Ark.App. 545

Foreclosure decree reversed based on deficient service 2016 Ark.App. 552

Termination of parental rights reversed because appellant had no right; dissent believes child may have multiple fathers under the statute 2016 Ark.App. 560

Offensive collateral estoppel upheld, verdict for $122,500,000 affirmed 2016 Ark. 418

ABC allows husband and wife to each own separate liquor stores 2016 Ark. 422

Board did not err in granting liquor store permit to owner who already had a conditional permit at another location 2016 Ark. 414

Uinsured motorist provision of vehicle involved in wreck has primary coverage 2016 Ark.App. 563

Enforcement of restrictive covenant prevents extending road for development of new subdivision 2016 Ark.App. 576

Supreme Court determines that same sex couples are not entitled to have both spouses listed on child's birth certificate 2016 Ark. 437

Failure to apply the statutory preference for placement with relatives results in reversal of placement with foster parents and eventual adoption of child 2016 Ark. 441

Substandard flooring job was not covered by flooring company's commercial general liability policy 2016 Ark.App. 587

Decedent telling beneficiary to share proceeds of life insurance not enough to create an oral contract 2016 Ark.App. 589

Rehabilitative alimony affirmed in case of first impression 2016 Ark. 456

Tort action dismissed because Worker's Comp is the exclusive remedy, even though there is no remedy via Worker's Comp 2016 Ark. 453

Finding of adverse possession was in error, but quiet title decision was affirmed 2016 Ark.App. 611

Husband violates prenup, but it is upheld 2016 Ark.App. 613

Adoption reversed; order of protection prevented father's contact with children 2016 Ark. 472

Refusal to attend independent medical exam prevents plaintiff from receiving medpay benefits 2017 Ark.App. 26

Driver shot from passing vehicle was not entitled to uninsured motorist benefits 2017 Ark.App. 45

Trip and fall case at Louisiana store could be brought in Arkansas 2017 Ark.App. 44

Divorce decree did not cover life insurance proceeds; ex-wife should not have been barred from recovering as beneficiary 2017 Ark.App. 30

Medical malpractice claim filed while plaintiff was in bankruptcy was a nullity 2017 Ark.App. 32

Homeowner fails to show builder knew that home was built in floodplain 2017 Ark.App. 66

City was not entitled to statutory immunity in negligence suit based on faulty 911 response 2017 Ark. 18

Lease was renewed, tenant was not simply holding over; late fees were waived despite non-waiver clause 2017 Ark.App. 79

Restrictive covenants requiring property owners in development to be golf club members were enforceable 2017 Ark. 42

Determination of issues in divorce without holding a hearing results in reversal 2017 Ark. 33

Fayetteville anti-discrimination ordinance found to violate state law 2017 Ark. 49

Notice of appeal which designated the findings of fact as the order appealed from was sufficient; substantial compliance is all that is required 2017 Ark. 52

Order entered against party who received no notice of hearing was set aside 2017 Ark. 54

Judge did not have to determine initial net worth in order to impute income for child support purposes 2017 Ark.App. 108

Attorney's fee award stands; appeal was timely but unsuccessful 2017 Ark.App. 105

Appeal seeking review of circuit court refusal to address judicial complaint was dismissed 2017 Ark. 59

Ordinance seeking to raise funds for courthouse with county-wide tax violated statute 2017 Ark. 71

Defendant admits liability, judge makes finding that medical treatment was reasonable and necessary, jury award of zero is affirmed 2017 Ark.App. 129

Clean-up doctrine no longer applies, but jury waiver was enforceable 2017 Ark.App. 127

Action sounded in contract where it alleged breach of a specific promise, even though the breach may have been caused by negligence 2017 Ark. 83

Attorneys fees and expert witness fees are not recoverable in condemnation action brought by city 2017 Ark. 78

Medical malpractice judgment stands, but prejudgment interest award is reversed 2017 Ark.App. 149

Mother who assigned child support to OCSE had standing to appeal determination of arrearage amount; payment of private school tuition was not entitled to offset 2017 Ark.App. 159

Properties held as joint tenants with right of survivorship should have passed to survivor on death of co-owner; estate gained no interest 2017 Ark.App. 144

Unjust enrichment was not warranted where party to contract failed to perform and could not show impossibility of performance 2017 Ark.App. 156

Dismissal of retaliation claim reversed and remanded No. 16-1174

Supreme Court reverses trial court's denial of preliminary injunction in prison case 2017 Ark. 97

Sanction of $100,000 for contempt was affirmed 2017 Ark.App. 166

Worker's Comp Commission has exclusive jurisdiction to decide jurisdiction of mental injury claim 2017 Ark. 94

Quiet title decision affirmed 2017 Ark. 90

Military retirement that had not vested was not subject to division in divorce 2017 Ark. 98

Annexation of property surrounded by city and lake was affirmed 2017 Ark. 95

Class action related to retirement accounts of state troopers was dismissed based on sovereign immunity 2017 Ark. 209

Attorney who obtains payment of clients medical expenses through workers comp claim did not have a quantum meruit claim against the provider 2017 Ark.App. 193

No evidentiary errors found in medical malpractice suit 2017 Ark.App. 185

Hollandsworth standard did not apply to relocation case; decree was ambiguous 2017 Ark.App.

Father's parental rights terminated after abuse of the children by the mother 2017 Ark. 115

Writ of Mandamus affirmed in Municipal Improvement District matter 2017 Ark. 113

Judgment in favor of homeowner affirmed; house was not unoccupied, despite sporadic usage 2017 Ark.App. 207

Hundred thousand dollar toolbox sparks lawsuit after home sale 2017 Ark.App. 225

Grant of joint custody to party standing in loco parentis was reversed, but visitation was affirmed 2017 Ark.App. 221

Summary Judgment reversed; question of fact existed as to whether landlord assumed duty to repair premises 2017 Ark.App. 228

Circuit Court erred by ignoring retained earnings when calculating child support 2017 Ark. 139

Fifty -four-year-old murder case was not an open investigation; FOIA applied 2017 Ark. 143

Implied indemnity did not apply based solely on violation of regulations and statutes 2017 Ark.App. 240

Extension of time to perfect service, relation back of pleadings, dismissal without prejudice after 12(b)(6) motion--case has it all and we're just getting started 2017 Ark.App.247

Class action certification in case against nursing home is affirmed as to contract, ADTPA, and unjust enrichment claims, but reversed as to negligence claims 2017 Ark. 162

Summary judgment reversed; question of fact existed regarding foreign LLC "doing business" in Arkansas; contract was impossible to perform 2017 Ark.App. 280

Statute of limitations barred attempt to set aside deed 2017 Ark.App. 270

Grant of new trial affirmed where jury awarded no damages despite admission of at least some injury in car wreck 2017 Ark. 173

Termination of parental rights reversed because putative father's legal status had not been established 2017 Ark. 171

Change in Arkansas Constitution renders appeal of city's donations to Chamber of Commerce moot 2017 Ark. 181

Adoption affirmed; mother loses children for failure to maintain contact during period where she was ordered not to have visitation 2017 Ark. 182

Disbarment order affirmed 2017 Ark. 185

Summary judgment reversed; LLC operating agreement did not allow for dismissal of member 2017 Ark.App. 315

Case of first impression- a new way to get your appeal dismissed 2017 Ark. 192

Failure to address all grounds for ruling results in summary affirmation; Justice Hart chides court for avoiding substantive decisions with procedural bars 2017 Ark. 190

Dismissal of challenge to bank merger was affirmed 2017 Ark. 193

Newspaper editorials about State Senate candidate were not defamatory; summary judgment affirmed 2017 Ark.App. 328

Arbitration award affirmed; Justice Hart bemoans erosion of judicial process 2017 Ark. 204

Interest on attorney fee awards accrues from date amount is quantified 2017 Ark. 206

Default judgment should have been set aside based on deficient affidavit in support of warning order 2017 Ark.App. 362

Battle of surveyors fails to even introduce original government surveys, or certified copy of the county surveyor's record 2017 Ark.App. 369

Voluntary payment of contempt prevents appeal; Dissent argues the result is worthy of the Mad Hatter 2017 Ark. 219

State Board and executive secretary were entitled to immunity to state-law claims, but not federal claims 2017 Ark. 213

Reciprocal trusts did not create contract between spouses 2017 Ark.App. 378

Relocation request should have been considered under framework for joint custody, despite decree that gave mother primary custody 2017 Ark.App. 405

Attractive nuisance doctrine did not apply to pond; summary judgment affirmed 2017 Ark.App.394

Alimony statute not retroactive; Supreme Court finds another opportunity to chastise the Court of Appeals 2017 Ark. 225

Medical malpractice case dismissed on summary judgment based on failure to show proximate cause between breach of standard of care and patient's death 2017 Ark.App. 421

Manner of drug testing employee did not violate privacy rights 2017 Ark.App. 459

Appropriation from General Improvement Fund to planning districts was an illegal exaction 2017 Ark. 270

Jury verdict in Civil Rights case affirmed; "honest belief" defense is not an affirmative defense, simply a rule 2017 Ark.App. 501

Mom's significant other, despite his lack of social graces, was not a change in circumstances sufficient to warrant a change in custody 2017 Ark.App. 518

Birth certificate case returns from the United States Supreme Court 2017 Ark. 284

Trial court applied wrong standard of care, but reached right result in dismissal of injury claim 2017 Ark.App. 535

Wife's remarriage did not terminate alimony 2017 Ark. 531

Child support order did not contain automatic-escalation clause; payments to special needs trust were not child support 2017 Ark.App. 556

Answer in medical malpractice case struck based on spoliation of medical records 2017 Ark.App. 561

First appeal under Supreme Court Rule 2(f) allowing interlocutory appeal of discovery orders based on claim of privilege 2017 Ark.App. 568

Shareholders were entitled to nine years of records from business based on suspicion of breach of fiduciary duty 2017 Ark.App. 598

Confidentiality provisions of Method of Execution Act do not apply to manufacturers of drug used in lethal injection; Supreme Court split 2017 Ark. 300

Cy pres doctrine allows estate to go to successor of hospital named in will 2017 Ark.App. 588

Remittitur based on faulty jury instruction reversed 2017 Ark.App. 618

Denial of attorney's lien reversed; attorney and client are not substantially the same party for res judicata purposes 2017 Ark.App. 632

Jury instruction on expert testimony not erroneous in medical malpractice case 2017 Ark.App. 613

Supreme Court tweaks the Hollandsworth presumption in relocation cases 2017 Ark. 331

Summary judgment reversed where expert accident reconstructionists had differing opinions 2017 Ark.App. 641

Folded up rug was not open and obvious danger as a matter of law; incident report was discoverable 2017 Ark.App. 666

Suit for underinsured motorist benefits dismissed due to defective summons 2017 Ark.App. 656

Supreme Court answers certified question about the Arkansas Deceptive Trade Practices Act 2017 Ark. 368

Insurance company that refused to pay $12,000 in medical bills winds up paying $21,000 in attorney fees in addition to the bills 2017 Ark.App. 696

Stock repurchase agreement results in order to purchase stock for $15,619,240 2018 Ark.App. 3

Sovereign immunity may no longer be waived by the State; Arkansas Minimum Wage Act claim against State agency dismissed 2018 Ark. 12

Sovereign immunity should have applied; complaint failed to state a due-process violation 2018 Ark. 17

Disqualification of attorney without considering Weigel factors was error 2018 Ark. 16

Employee murdered at shopping mall was not owed a duty to protect him from criminal acts of third parties; $2.7 million jury verdict reversed 2018 Ark.App. 48

Hospital was not responsible for employees who illegally accessed medical records of murder victim 2018 Ark. 35

Short-term rental did not violate bill of assurance prohibiting use of property for any commercial purpose 2018 Ark. 38

Energy company did not owe any duty of care to independent contractor working on transformer 2018 Ark. 33

Verdict in car wreck affirmed; no error in allowing plaintiff to reopen case, sufficient evidence supported permanent injury 2018 Ark.App. 100

Employee evaluation exemption applied to FOIA request for internal affairs investigation of police officer; attorney fees not available from the courts any longer 2018 Ark.App. 82

UM coverage applied to injury arising from state-owned vehicle spreading loose gravel on road 2018 Ark.App. 98

Arbitration agreement was not enforceable; third-party beneficiary doctrine was not applicable 2018 Ark. App. 131

Stock options were divisible as marital property 2018 Ark.App. 114

Admission of prescriptions in car wreck case was error, but harmless 2018 Ark.App. 135

Title quieted according to divorce decree though deed never filed 2018 Ark.App. 133

A burger is more than the sum of its parts for tax purposes; Sovereign immunity in flux again 2018 Ark. 64

Independent contractor should not have been treated as joint employee for workers comp purposes 2018 Ark. 62

Allowing Dr. Peeples to testify about secondary gain in car wreck case was error 2018 Ark.App. 152

Increase in value of stocks was not included in income for child support calculation 2018 Ark. 83

Collateral source rule should have been followed in battery case 2018 Ark.App. 172

UIM benefits were not available where other policies had not been exhausted 2018 Ark.App. 179

Convicted misdemeanant was ineligible to be appointed chief of police 2018 Ark. 87

Gun range was not a nuisance because it complied with noise ordinance, even though there was no noise ordinance to comply with 2018 Ark. 91

Punitive damages award stands, but compensatory award reduced in contract claim 2018 Ark.App.204

Workers Comp attorney fees payable entirely by employer because claimant's comp benefits were entirely offset by his retirement benefits 2018 Ark. 97

Farm loan claim reversed as to tortious interference claim; negligence claim regarding insurance stands 2018 Ark.App. 224

The Supreme Court again reaffirms that the General Assembly cannot waive sovereign immunity 2018 Ark. 122

Business valuation in divorce was supported by sufficient facts; personal goodwill in nonprofessional business not considered 2018 Ark.App. 245

Runners who solicited personal injury clients for chiropractors violated the Arkansas Deceptive Trade Practices Act 2018 Ark.App. 254

Terms of lease determined status of fixtures 2018 Ark.App. 252

Medical malpractice case dismissed with prejudice due to faulty service 2018 Ark.App. 279

Underinsurance results in conversion claim after tornado destroys business 2018 Ark.App. 283

Decree naming mother "primary residential custodian" actually created joint custody arrangement 2018 Ark.App. 294

Attorney who had access to prior client's files, but did not have actual knowledge about the client, should not have been disqualified 2018 Ark. 172

$500,000 of Arkansas Company's money disappears from lawyer's trust account, but Arkansas does not have personal jurisdiction over the lawyer 2018 Ark.App. 303

Divorce decree winds up involving parties' son; judgment splitting wife's income is reversed 2018 Ark.App. 310

Nursing home arbitration agreement did not apply to medical director who was sued in his capacity as resident's primary care physician 2018 Ark.App. 319

Erroneous spoliation instruction results in new trial in seat-belt injury case 2018 Ark.App. 335

Rule 44 controls registration of foreign judgments, not Arkansas statutes or federal law 2018 Ark.App. 358

Court of Appeals re-examines personal jurisdiction in light of new U.S. Supreme Court case 2018 Ark.App. 343

Trial court had no jurisdiction to review agency decision in awarding of marijuana cultivation licenses 2018 Ark. 224

Time share owners are owners of real property for purposes of Suburban Improvement District elections 2018 Ark.App. 394

Change in visitation caused too much uncertainty and instability 2018 Ark.App. 406

Jury verdict finding that nursing home was not entitled to charitable immunity affirmed 2018 Ark.App. 413

Refusal to impose a credit shelter trust and invalidate amendment to revocable trust was reversed 2018 Ark.App. 423

Dismissal of complaint based on quasi-judicial immunity was affirmed 2018 Ark.App. 452

Abusive husband finds divorce rulings unfair, COA disagrees 2018 Ark.App. 444

Complaint alleging conspiracy between surveyor, state agencies, lawyer dismissed 2018 Ark.App. 460

Voter registration requirements found constitutional the second time around 2018 Ark. 283

Attorney who directed potential witness to leave held in contempt, along with witness 2018 Ark. 307

Child support modification required evidence of prior income, even if not in decree 2018 Ark.App. 525

Public road could be abandoned under common law 2018 Ark.App. 530

Landlord who failed to provide heat could not reasonably foresee injury due to use of space heater 2018 Ark.App. 542

Putative father did not have standing to contest adoption 2018 Ark.App. 533

Verdict of $5.21 million in motorcycle wreck was affirmed; the Golden Rule is not Send a Message 2018 Ark.App. 556

Adverse possession judged on what you do, not what you intend to do 2018 Ark.App. 549

Statute of limitations bars legal malpractice claim 2018 Ark.App. 573

Even with unwarranted reopening of case, wife didn't corroborate grounds for divorce 2018 Ark.App. 591

Trial Court erred by revising order under Rule 60, but ruling stands based on retention of jurisdiction in divorce case 2018 Ark.App. 596

Summary judgment granted to physical therapist; plaintiff failed to offer sufficient expert testimony to support a medical-malpractice claim 2018 Ark.App. 630

Jury decision affirmed in fight over Mom's trust 2018 Ark.App. 610

Judge abused discretion in dismissing claim for lack of mediation 2019 Ark.App. 12

Order compelling disclosure of hospital quality assurance records was reversed and remanded 2019 Ark.App. 27

Approval of attorney fees in divorce case draws dissent, call to revise the standard 2019 Ark.App. 30

In otherwise moot case, Supreme Court determines that both legislative and executive privilege exist in Arkansas 2019 Ark. 28

Denial of class certification required findings of fact 2019 Ark. 31

Summary judgment for defendant reversed in case of man who fell over a retaining wall and was injured 2019 Ark.App. 70

General contractor had duty to employee of subcontractor; summary judgment reversed in wrongful death case 2019 Ark.App. 99

Retirement benefits designation of beneficiary form was sufficient to constitute an acknowledgment of paternity 2019 Ark.App. 86

Unlawful detainer dispute was not barred by previous litigation that addressed unpaid rent 2019 Ark.App. 122

$12.5 million judgment affirmed after Defendant argues that summary judgment was not appropriate because its original answer was a nullity 2019 Ark.App. 117

Attorney did not have the authority to bind client to settlement agreement; order enforcing settlement reversed 2019 Ark.App. 118

Default judgment of paternity acts as initial custody determination, requires material change in circumstances to revise 2019 Ark.App. 132

Bank not guilty of conversion, but breach of fiduciary duty claim survives summary judgment 2019 Ark.App. 147

Extension of time to serve complaint ran from expiration of time to serve, not entry of order 2019 Ark. 75

Specific garnishment statute controls over general banking statute; bank owes $66,569 to creditor of depositor 2019 Ark.App. 168

Denial of sale by trust to trustee was affirmed, but refusal to allow majority rule was reversed 2019 Ark.App. 171

Online bid for real estate was an enforceable contract despite buyer's refusal to sign the offer and acceptance 2019 Ark.App. 165

There is no sliding scale for personal jurisdiction; ASC sets out three-part test in light of recent United States Supreme Court case 2019 Ark. 84

Lost will need not physically exist at time of death 2019 Ark.App. 177

Medicaid reimbursed for all amounts paid on behalf of injured child; COA finds this does not violate Ahlborn 2019 Ark.App. 180

Wrongful death suit should not have been dismissed; special administrator had authority to file complaint in re-opened estate 2019 Ark.App. 187

Trust provision calling for arbitration did not govern decisions as to the validity of the trust itself 2019 Ark.App. 193

Court erred in letting jury determine whether or not charitable immunity should apply; jury should determine the disputed facts, judge should determine the legal issue 2019 Ark. 91

Jury verdict in eminent domain case stands; argument that it should have been in addition to deposit with court rejected 2019 Ark. 95

School District was required to provide information requested pursuant to the Arkansas freedom of Information Act in the format requested 2019 Ark.App. 210

Failure to apply the fit-parent presumption results in reversal of guardianship; Justice Wood dissents 2019 Ark. 116

DHS end-run around injunction was not contempt of court 2019 Ark. 121

Award of attorney fees was not barred by sovereign immunity 2019 Ark. 105

Prescriptive easement in street likely; "continuous" use of street is shown even though street was closed periodically 2019 Ark.App. 217

Lawyers partnership interest divisible in divorce, but inheritance was not income for child support purposes 2019 Ark.App. 218

Supreme Court continues to refine the standard for terminating guardianship of a minor 2019 Ark. 130

Sufficient evidence of procurement and a confidential relationship existed to shift the burden of proof in action to void deeds 2019 Ark.App. 237

Undated will was admitted to probate without attestation; valid as a holographic will 2019 Ark.App. 241

Deficient order certifying class is remanded for findings- after being appealed by the party that drafted the order 2019 Ark. 134

Loan with no maturity date was payable on demand 2019 Ark. 146

Defective claim form results in loss of additional benefits in workers comp case; Dissent suggests the Arkansas Supreme Court has no jurisdiction in comp cases 2019 Ark. 141

Forcing divorcing spouse to bid for her half of marital property was reversible error 2019 Ark.App. 26

Ambiguous contract term allows parol evidence to be admitted 2019 Ark.App. 268

Motion for attorney fees denied as untimely, drawing dissent 2019 Ark. 160

Majority finds no insurance coverage or duty to defend nightclub that threw bad drummer offstage; dissent marches to a different ....tune 2019 Ark.App. 294

Arbitration agreement did not apply to agreement to sell car dealership 2019 Ark.App. 316

Exclusive remedy provisions of workers comp applied to shareholders of employer 2019 Ark.App. 306

City was entitled to municipal immunity; has no duty to rescue 2019 Ark. 169

Offering Kroger card discount did not violate equal pricing statute 2019 Ark. 174

Attempt to stop destruction of the White River bridge dismissed; facts did not establish case of illegal exaction 2019 Ark. 199

Race and gender discrimination suit dismissed based on sovereign immunity 2019 Ark. 204

Challenge to rule on Dicamba herbicide use moot, but challenge to the State Plant Board itself still reviewable 2019 Ark. 194

Trial court reversed on property division, finds another route to the same result 2019 Ark. 216

Quasi judicial immunity applies to psychiatrist providing treatment pursuant to conditional release order 2019 Ark. 232

Sovereign immunity did not bar court review of administrative decision 2019 Ark. 228

Email communication can constitute a meeting for FOIA, just not this time 2019 Ark. 222

Sovereign immunity does not stop action to enjoin the Arkansas Game and Fish Commission 2019 Ark. 226

Statute of limitations in Workers Comp case was tolled, even though treatment was not approved in advance 2019 Ark.App. 360

Judicial immunity applies where judges grant immunity on probation fees owed to private company No. 17-3770

Inmate's constitutional claim for retaliatory discipline barred where there is "some evidence" of misbehavior; Justice Hart dissents 2019 Ark. 240

Prescriptive easement in road was established, along with a prescriptive easement to travel by ditch when the road was flooded 2019 Ark.App. 371

Foreclosure for delinquent tax lien can apply to properties that are not delinquent 2019 Ark. 249

Jury verdict for defendant in FELA claim was affirmed; injury from recoil of huck gun did not show negligence 2019 Ark.App. 386

Charitable status does not have a "50% free services" threshhold 2019 Ark.App. 410

Defendant in medical malpractice case tries to allocate fault to deceased infant's mother; Answer partially stricken 2019 Ark. 427

A notice of appeal filed timely under Rule 60 may still be untimely under Rule 4(b) 2019 Ark.App. 445

Court of Appeals refuses to revisit contact rule in uninsured motorist cases 2019 Ark.App. 452

Is truck-driving school a school? That is a suitable question for a class action lawsuit 2019 Ark. 296

Summary judgment reversed in MVA case alleging gravel and dirt left on roadway 2019 Ark.App. 485

Refusal to enforce arbitration agreement in nursing home cases affirmed 2019 Ark. 305

Trust provision requiring the co-trustees to attempt mediation, then arbitration, before resorting to litigation was enforceable 2019 Ark.App. 496.

Lack of hearing on attorney fees does not equal a lack of due process 2019 Ark. 321

Father's consent to adoption was not required, denial of petition reversed 2019 Ark.App. 510

Award of rehabilitative alimony did not require any plan for rehabilitation 2019 Ark.App. 513

Refusal to certify class because defendant claims to have paid the plaintiffs was reversed and remanded 2019 Ark. 329

Chiropractor allowed to opine on medical necessity of surgery in negligence case 2019 Ark.App. 526

Public policy exception to at-will doctrine not applicable to independent contractors 2019 Ark.App. 544

Class certification affirmed, Supreme Court declines to adopt requirement that dispositive motions be decided prior to class certification 2019 Ark. 346

Med-pay insurer is not required to pay insured the difference between amount of bill and amount provider takes in settlement 2019 Ark. 365

FOIA claims and illegal exaction suit against Arkansas Children's Hospital were dismissed 2019 Ark.App. 568

Wal-Mart prevails in wrongful termination, but award of attorney fees reversed and remanded 2019 Ark.App. 566

Transfer on death beneficiary designation challenged as fraudulent transfer when account owner leaves insolvent estate; case of first impression 2019 Ark. 371

Mandate rule and law of the case prevent legislature from retroactively applying statute to pending case, despite their best efforts 2019 Ark. 376

Default judgment of child custody set aside; case of first impression 2019 Ark.App. 596

Deceptive Trade Practices Act class action against gambling website dismissed 2019 Ark. 412

Legal claims brought in regard to trusts were remanded for jury trial, while equitable claims were affirmed 2019 Ark. 410

Plaintiff alleges he was fired for refusing to hire governor's unqualified choice for position; claims against individuals survive, but official-capacity claims barred by sovereign immunity 2020 Ark. 3

Arbitration requirement in law firm's retainer agreement was enforceable No. 18-3059

City uses fire chief to close apartment complex that it is litigating with, judgment based on violation of due process is affirmed 2020 Ark. 12

Chain of custody statute for DNA testing required only substantial compliance 2020 Ark.App. 9

Adverse possession case based on facts fit for a law school exam question 2020 Ark.App. 40

Default judgment set aside based on defective affidavit for warning order 2020 Ark.App. 34

City held responsible for unlawful fees imposed by district court 2020 Ark. 34

Judicial candidate removed from ballot for hot check charges in 1992 2020 Ark. 21

Judicial candidate will remain on ballot, may not run as "Judge" 2020 Ark. 36

Uniform Contribution Among Tortfeasors Act does not allow apportionment of fault to nonparty that is immune from suit 2020Ark.App. 56

Non-Competition clause ineffective; denial of injunctive relief affirmed. 2020 Ark.App. 62

Sewer fee was not a tax, and not an illegal exaction 2020 Ark. 51

Grandparents with visitation in domestic relations case were not entitled to intervene in adoption case 2020 Ark.App.79

Equitable tolling did not apply to claim that plaintiff knew about and could have enforced 2020 Ark.App. 66

No fiduciary duty owed to customer of bank 2020 Ark.App. 83

Internet stalking charge dismissed where defendant did not make sufficient efforts to actually meet with minor 2020Ark.App. 68

Driving on fictitious tags is not an infamous crime, judicial candidate is back on the ballot 2020 Ark. 64

Med pay statute does not mandate payment of benefits solely to the insured 2020 Ark.App. 100

Employees alleging violation of the Arkansas Minimum Wage Act required to arbitrate 2020 Ark. 70

Divorce decree affirmed on reconsideration after Court of Appeals had reversed; opinion draws two dissents 2020 Ark. 74

Hosts of children's party did not owe a duty to supervise guests because there was no conscious transfer of supervision 2020 Ark.App. 119

Husband's arson prevents widow from collecting homeowner's insurance 2020 Ark. 93

Collateral estoppel applies in case determining owner of property and officers of corporation 2020 Ark.App. 146

Confidential settlement agreement was not subject to discovery by alleged tortfeasor 2020 Ark. 140

Res judicata prevented raising abandonment of roadway claim; attorney fees award reversed 2020 Ark.App. 154

Medical records were not subject to discovery in custody case; attorney fees award based on separate case was reversed 2020 Ark.App. 167

Supreme Court reverses the Court of Appeals and denies quasi-judicial immunity to psychologist who performed court-ordered psychological exams 2020 Ark. 105

Nursing home arbitration agreement not enforceable; home argues document it included in motion to compel arbitration was parol evidence that should not be considered 2020 Ark.App. 187

General language insufficient to make terms of note applicable to antecedent debt 2020 Ark.App. 199

Failure to meet proof with proof results in finding of no legal duty 2020 Ark.App. 203

Summary judgment in breach of lease case was affirmed 2020 Ark.App. 208

Supreme Court reverses course, enforces arbitration agreement 2020 Ark. 133

Parent companies of employer are entitled to workers comp immunity from tort suits as "employers" 2020 Ark. 135

Dismissal of tortious interference claim affirmed, along with foreclosure decree 2020 Ark.App. 216

Statute regarding abandonment of personal property was not retroactive 2020 Ark.App. 214

Josh Duggar seeks to hold City and County liable for disclosure of juvenile records, but claims dismissed 2020 Ark.App. 220

Workers Comp claim was barred by statute of limitations 2020 Ark. 140

Ford Bronco rollover case dismissed on summary judgment 2020 Ark.App. 231

Doctor's suit against hospital based on his loss of privileges survives, in part; extent of discovery of peer-review material defined 2020 Ark. 150

Admission of evidence of intoxication in MVA case, refusal to grant mistrial were not error 2020 Ark.App. 251

Relocation decision was reserved at time of final decree of divorce, but was denied for failure to show change in circumstances when heard 2020 Ark.App. 281

ASC answers certified question regarding Arkansas Statutory Foreclosure Act 2020 Ark. 180

Probate court had jurisdiction to determine ownership of LLC interest, but finding was reversed 2020 Ark.App. 292

Tenant tripped by neighbor's dog falls short in claim against landlord 2020 Ark.App. 287

Award of attorney fees was upheld, even without any records of actual time spent 2020 Ark. 194

FOIA allows copying of accident reports and use of camera to copy them instead of paying fee 2020 Ark.App. 308

Friend who wanted to be guardian did not have standing to intervene 2020 Ark.App. 311

Tortious interference with inheritance expectancy not recognized where funds were moved out of TOD account shortly before owner's death 2020 Ark.App. 299

Judgment in defective tire case was affirmed, along with award of attorney fees for discovery violations 2020 Ark.App. 316

Challenge to decision of the Medical Marijuana Commission results in fractured Supreme court 2020 Ark. 213

Slip and fall verdict affirmed after review by ASC 2020 Ark. 208

Oil and Gas Commission decision changing royalty rate between landowner and gas company was affirmed 2020 Ark. 210

Case involving extreme parental alienation results in joint custody 2020 Ark.App. 319

Denial of motion to compel arbitration turns on difference between mutual agreement and mutual obligation 2020 Ark.App. 327

Failure to deliver tractor with the promised amount of use leads to judgment against dealer 2020 Ark.App. 336

Priority of liens against crop proceeds 2020 Ark. 246

Class certification orders are affirmed; Justice Wood riffs on exhaustion 2020 Ark. 235

Two initiative petitions proposing constitutional amendments struck from ballot 2020 Ark. 267

Service at old address results in dismissal, savings statute is not applicable 2020 Ark.App. 356

Issue of first impression regarding interpretation of statute barring unlicensed contractors from bringing suit 2020 Ark.App. 361

Property settlement in divorce was enforceable despite marriage being void for bigamy 2020 Ark.App. 382

Majority affirms award of alimony and child support based on imputed income; dissent points out that the ordered payments put the husband well below the poverty line even using his imputed income 2020 Ark.App. 394

Foreclosure complaint was barred by statute of limitations 2020 Ark.App. 384

Summary judgment in slip and fall case was reversed where material question of fact existed 2020 Ark.App. 396

Child custody decision was not subject to res judicata based on decision in child-maltreatment registry 2020 Ark.App. 407

Summary judgment in slip and fall case was reversed; condition of ramp outside restaurant was not obvious danger 2020 Ark.App. 420

Finding of prescriptive easement was affirmed 2020 Ark.App. 451

Divorce decree reversed; premarital agreement was enforceable 2020 Ark.App. 469

Failure to serve complaint in intervention leads to dismissal; serving one party not sufficient 2020 Ark. 326

Medical malpractice judgment reversed and remanded over denial of jury trial 2020 Ark. 334

Grocery store has no duty to keep shopping carts off the roadway; summary judgment affirmed 2020 Ark.App. 475

Rulings on division of bank account and car were remanded, ruling on marital home and dogs affirmed 2020 Ark.App. 479

"Four lane highway" does not mean six-lane highway; Amendment 91 funds cannot go to I-30 widening project, should not have been spent on I-630 2020 Ark.352

Failure to timely serve defendants originally identified as John Does results in dismissal of entire medical malpractice suit 2020 Ark.App. 488

Relocation into same county as non-custodial parent was not a material change of circumstances warranting joint custody 2020 Ark.App. 490

Denial of relief on accounting was reversed based on defendant's acknowledged inaccuracies 2020 Ark.App. 500

Request for court records was governed by FOIA and not Administrative Order 19 2020 Ark. 362

Case of first impression regarding VA disability payments and child support 2020 Ark.App. 512

Repayment of margin loan did not create marital property that needed to be divided 2020 Ark.App. 516

Refusal to Terminate guardianship was reversed where trial court erroneously found "exceptional factors" to continue even though father was not unfit 2020 Ark.App. 524

Adoption reversed; failure to contact or support children was justified 2020 Ark.App. 543

Walmart restriction to prevent competition on land it sold was upheld in part, remanded in part 2020 Ark.App. 563

Doctor who referred patient to a specialist did not thereby escape all duty to patient, but summary judgment still affirmed in wrongful death case 2020 Ark.App. 570

Crashworthiness suit ends in directed verdict 2021 Ark.App. 19

City's condemnation ordinance upheld, but civil rights claims remanded 2021 Ark. 7

Summary judgment affirmed in medical malpractice case; limitations barred claim against employee ending vicarious liability claim , and failure to show proximate cause doomed other claims 2021 Ark.App. 35

Cherokee Nations should have been allowed to intervene in casino litigation in Pope County 2021 Ark. 17

Failure to comply with the tolling statute results in dismissal of medical malpractice claim 2021 Ark. 14

Service was not valid, but dismissal should have been without prejudice under savings statute 2021 Ark. 31

Law of the case not applicable, but collateral estoppel is 2021 Ark.App. 71

Bank disbursed loan without making sure collateral existed; co-signer on the hook as accommodation party 2021 Ark.App. 72

Alimony award challenged by both parties, but was affirmed 2021 Ark. 49

Deed set aside; it was executed, but never delivered 2021 Ark.App. 82

Unsuccessful attempt to change custody results in attorney fees award of $45,000 2021 Ark.App. 114

Trustee (and beneficiary) of trust allowed complete discretion in valuing assets of trust he is to receive 2021 Ark.App. 109

Underinsured coverage treated the same as uninsured coverage in cases of parental immunity 2021 Ark. 62

Attorney immunity statute prevents liability; no proof of fraud or misrepresentation 2021 Ark. 127

Miserly jury verdict affirmed, but set-off for medical payments made was reversed 2021 Ark.App. 128

Denial of single-parent adoption was reversed 2021 Ark.App. 136

Adverse possession case draws heated dissents 2021 Ark.App. 153

Supreme Court affirms decision that leaves alimony payor destitute, even if he is able to earn amount imputed to him 2021 Ark. 75

Change to joint custody based solely on change in non-custodial parent's circumstances was reversed 2021 Ark.App. 167

Grant of joint custody in paternity action was affirmed 2021 Ark.App. 183

Step-son was not a wrongful-death beneficiary based on lack of proving decedent stood in loco parentis 2021 Ark.App. 199

TRO based on non-compete clause was affirmed 2021 Ark.App. 195

Selection process for members of the Arkansas State Plant Board found unconstitutional 2021 Ark. 105

Negligent entrustment claim dismissed by summary judgment 2021 Ark.App. 127

Juvenile sentencing hearing transcript released to plaintiff in wrongful death suit 2021 Ark.App. 241

Denial of charitable immunity remanded for summary judgment; facts not in dispute 2021 Ark.App. 236

Statute of limitations ran on all claims after one year because they all related to a letter of credit 2021 Ark.App. 231

Imposition of a constructive trust affirmed 2021 Ark.App. 249

Child whose mother waived her interest in wrongful death proceeds was not entitled to share of estate 2021 Ark.App. 261

Complaint against host for over-serving guest did not state a cause of action, default set aside 2021 Ark.App. 266

DIY artificial insemination leads to guardianship/paternity/custody fight 2021 Ark.App. 263

Adoption reversed where father's consent should not have been found unnecessary 2021 Ark. 125

Party seeking to establish ownership interest in marijuana business established potential for irreparable harm by showing potentially criminal activity 2021 Ark.App. 306

Summary judgment reversed; amendment to Complaint did not dismiss prior Complaint, suspended corporate status did not require dismissal 2021 Ark.App. 275

Dismissal of part of a complaint does not trigger rule allowing interlocutory appeal 2021 Ark. 133

Statute which bars evidence of failure to use a child safety seat is constitutional 2021 Ark. 140

Challenge to State control of Little Rock School District survives, in part 2021 Ark. 136

Withholding copies of religious publications did not violate inmate's rights 2021 Ark. 162

Sisters settlement agreement in partition action was enforced 2021 Ark.App. 336

Summary judgment affirmed in tire-separation case 2021 Ark.App. 332

Modification of child custody was reversed because there was no material change in circumstances 2021 Ark.App. 359

Lease and its renewal option must be read in concert where they were incorporated by reference 2021 Ark.App. 360

Partition sale proceeds split based on ownership, not contributions 2021 Ark.App. 370

Court's order was rendered ambiguous by change in the facts 2021 Ark.App. 373

Summary judgment affirmed, unauthorized appeal on behalf of LLC was dismissed 2021 Ark.App. 382

Statute of limitations for breach of contract in mineral royalty claims 2021 Ark. 179

Litigation over Pope County casino license rolls on 2021 Ark. 183

Wrongful death case not filed in name of the personal representative gets dismissed 2021 Ark.App. 389

Change of custody may no longer require change in custodial parent's circumstances 2021 Ark. 191

Lack of a filing fee causes lack of jurisdiction in trial court 2021 Ark.App. 417

Natural parent presumption applied even after presumed father had shared custody for nine years; failure to file cross-appeal moots argument regarding acknowledgment of paternity 2021 Ark.App. 410

Deeds purporting to transfer trust property but signed in individual name were set aside 2021 Ark.App. 412

Adverse possession claim against co-owners fails, Court of Appeals decision vacated 2021 Ark. 199

Vaccine refusal (no, not that vaccine) lawsuit dismissal is overturned in part 2021 Ark. 211

Failure to give preconstruction notice bars all recovery for contractor 2021 Ark.App. 442

Joint ownership of a bank account does not give the right to take all the funds 2021 Ark.App. 436

Creation of reciprocal wills did not create contract to not revoke them 2021 Ark.App. 435

Unlawful detainer suit was not proper format to determine title to property 2021 Ark.App. 452

Mother gets herself adopted to try to avoid guardianship of her child 2021 Ark.App. 444

Class action should have been certified for suit against auto lender 2021 Ark. 219

Sporting good store was not defamed by statements of competitor 2021 Ark.App. 498

Settlement agreement was not enforceable based on subsequent breaches 2021 Ark.App. 484

Failure to object or request notice of proceedings prevented challenge to will based on notice; no undue influence found 2021 Ark. 233

Text messages sought under FOIA must be individually analyzed to determine if they qualify as official records 2021 Ark. 230

Parties who remarried after entry of divorce decree remarkably are also unable to agree in second divorce 2022 Ark.App. 18

City's immunity from suit extends even to cases of gross negligence 2022 Ark.App. 23

No insurance coverage where insured did not own the presumptively insured vehicle 2022 Ark.App. 38

Supreme Court takes another bite out of the Freedom Of Information Act 2022 Ark. 17

Timely extension of time to file the record on appeal still results in dismissal of appeal 2022 Ark.App. 39

Arbitration agreement in credit card contract was applicable to buyer of bad debt 2022 Ark.App. 52

Leg injury results in whole-body impairment rating; dissent finds no proof of injury to the body as a whole 2022 Ark.App. 60

Verdict of $2.5 million in exploding tire case was affirmed; jurisdiction was waived, general verdict prevents exam of other issues 2022 Ark.App. 59

Company insurance policy did not cover equipment used by independent contractor hired to haul logs for company 2022 Ark.App. 67

Sovereign Immunity does not prevent review of statutes alleged to violate Arkansas Constitution 2022 Ark. 32

Summary judgment was reversed; existence of a constructive trust was still at issue, and the statute of frauds had been tolled by fraudulent concealment 2022 Ark. App. 75

Taco Bell ice machine causes injury, issue of knowledge of defect was not subject to summary judgment 2022 Ark. App. 77

State suspends professional license for nonpayment of dues and refuses to reinstate it despite sending erroneous information on when payment was due 2022 Ark. 43

Jury award of $5.9 million reversed, award of attorney fees for spoliation stands, but must be recalculated 2022 Ark. 42

New child support guidelines are interpreted for the first time; deviation upwards reversed 2022 Ark. 52

Paulino doctrine reversed as applied to pandemic unemployment benefits 2022 Ark. App. 96

Appeal of injunction preventing suspension of expanded unemployment benefits was dismissed due to mootness, with instructions to dismiss injunction 2022 Ark. 59

Wrongful death claim brought only by mother will survive; putative father was not a required party 2022 Ark.App. 123

Arkansas Children's Hospital avoids ruling on whether or not it is subject to FOIA 2022 Ark.App. 116

Motion dismissed at last minute results in two awards of attorney fees, one of which is affirmed and one reversed 2022 Ark. App. 119

Settlement of claim by estate administrator was affirmed; COA notes lack of standards 2022 Ark. App. 135

Workers Comp statutes of limitations rule clarified, Kirk case overruled 2022 Ark. 374

Option to purchase satisfied the statute of frauds 2022 Ark.App. 136

Waiver of right to bring class action was enforceable, even as to claim of violation of Securities Act 2022 Ark. 73

Ex-wife was still the beneficiary of life insurance policy despite attempt to change the beneficiary designation 2022 Ark.App. 158

Suit against Attorney General for spending state funds on commercials and out of state litigation dismissed except as to claim for illegal exaction 2022 Ark. 86

Restraining order preventing school from imposing mask mandate was reversed 2022 Ark. 80

WIll created successive life estates; second life estate holder could not sell the property 2022 Ark. App. 172

Summary judgment for defendant affirmed in drowning case 2022 Ark.App. 186

Denial of statutory immunity to city in inverse condemnation suit was reversed 2022 Ark.App. 200

Mother sues couple alleging plot to force her now deceased son into anger management 2022 Ark.App. 205

Foundation company that did not provide lien notice was still able to prevail in contract dispute with homeowner 2022 Ark.App. 220

Couple's civil union did not count as date of marriage, but trial court did not err in considering overall length of relationship in dividing property 2022 Ark.App. 210

Owner of employer company was also entitled to tort immunity, deceased employee's minor child was entitled to full death benefit 2022 Ark.App. 225

Forged deed that divested minor of title to real estate cannot be set aside due to statute of limitations 2022 Ark.App. 206

Remand of arbitration decision for further findings seen as "another dramatic shift" in the ever-changing law surrounding arbitration 2022 Ark. 109

Differing interpretation of facts did not mean that material facts were in dispute; trial court should have decided summary judgment motion 2022 Ark.App. 239

Malpractice claim was barred by statute of limitations; no fraudulent concealment existed to toll statute 2022 Ark.App. 233

Mineral rights percentages should have been based on time deeds were delivered, not filed 2022 Ark.App. 268

Amendment of Trust fails due to lack of compliance with terms of the trust controlling amendments 2022 Ark.App. 260

Plaintiff's negligence bars indemnity claim 2022 Ark.App. 297

Illegal exaction suit alleging state legislators conspired with medical provider in fraudulent billing scheme failed to state a cause of action 2022 Ark.App. 277

Apartment complex had no duty to protect delivery driver from criminal acts of a third party 22 Ark.App. 287

Sovereign immunity does not preclude petition for a writ of mandamus 2022 Ark. 140

Challenge to trust triggers forfeiture of plaintiff's share of trust; guardianship action over grantor did not prevent independent declaratory action regarding the trust 2022 Ark.App. 302

Probate division was the proper division to hear declaratory action concerning property that passed by beneficiary deed 2022 Ark.App. 300

Hunting club winds up with no access to property after denial of easement 2022 Ark.App. 314

Grantor of deed was not incompetent, but was subject to undue influence 2022 Ark.App. 311

Wrongful death suit tossed on summary judgment after brought by individual instead of personal representative 2022 Ark.App. 324

Transfer of duck club gets undone due to undue influence, but influencer remains as executor of estate 2022 Ark.App. 338

Client breached oral contract related to written contract; contractor therefore did not have to complete job 2022 Ark.App. 349

Res Judicata applies to claims that could have been raised in class action lawsuit that plaintiffs did not opt out of 2022 Ark.App. 361

Dismissal of case regarding non-compete covenant was reversed 2022 Ark.App. 363

Grant of prescriptive easement was affirmed, but order was remanded to remove restrictions on that easement 2022 Ark.App.354

Summary judgment affirmed for insurer with no duty to defend claim 2022 Ark.App. 393

Malpractice case against malpractice lawyer requires serious onion peeling 2022 Ark.App. 378

Grant of adoption was reversed; mother thwarted efforts to see child 2022 Ark.App. 408

Summary judgment reversed in trip and fall case that defendant claims was "open and obvious" 2022 Ark.App. 409

Failure to follow contract terms foils attempt to exercise option to purchase 2022 Ark.App. 413

Where parties were not in agreement on terms, court erred in compelling settlement 2022 Ark.App. 423

Does Hollandsworth or Singletary control relocation decision? Try Cooper instead 2022 Ark.App. 442

Grant of class status was affirmed, appeal of arbitration request was dismissed 2022 Ark. 199

Eighteen-Million Dollar attorney fee award reversed in illegal exaction lawsuit 2022 Ark. 206

Municipal Fund could not be sued in contract for breach of duties it undertook as a trustee 2022 Ark. 218

Summary judgment in medical malpractice case was reversed 2022 Ark.App. 501

Imputing income to private school teacher for not teaching in public school was error 2022 Ark.App. 514

The implied duty to restore controls over Commission rules or prudent operator standard in oil and gas lease restoration cases 2022 Ark.App. 521

Court adopts "flexible application of res judicata" for cases involving paternity 2022 Ark.App. 517

Poor parenting does not equal contempt 2023 Ark.App. 19

Dismissal of action to determine officers of church was affirmed 2023 Ark.App. 35

Good Samaritan Law covers claims by third parties 2023 Ark.App. 26

Charging fees and requiring permits were restrictions on public use of lake and were not allowed 2023 Ark.App. 29

Alimony modification was not supported by a change in circumstances 2023 Ark.App. 41

Claim sounded in tort, not condemnation, so statutory immunity applied 2023 Ark.App. 67

Parents did not enter into a family settlement agreement when they had children return gifted property 2023 Ark.App. 96

Right of attorneys to carry guns in the courthouse has not been clearly established- yet 2023 Ark. 18

Payment of invoice that mentioned agreement found on website was sufficient to manifest assent to arbitration agreement 2023 Ark.App. 120, 2023 Ark.App. 116, 2023 Ark.App. 117, 2023 Ark.App. 123, 2023 Ark.App. 124

Sellers misrepresented house, but buyers delay in seeking rescission results in loss of claim 2023 Ark.App. 111

Default judgment should have been set aside; defendants did not waive service 2023 Ark.App. 114

Sua sponte dismissal of case violated appellant's right to trial de novo 2023 Ark. 34, 2023 Ark. 30

Motion for attorney fees required personal service 2023 Ark.App. 139

City practice was deceptive, but not an illegal exaction 2023 Ark. 51

Amendment 101 funds can be used without limitation to four-lane roads, unlike prior amendment 2023 Ark. 45

Substantial compliance with change of beneficiary designation was sufficient; COA decision vacated 2023 Ark. 53

ASC determines that State action is not always required for illegal exaction cases 2023 Ark. 56

Change to Arkansas Statutory Foreclosure Act was unconstitutional 2023 Ark. 58

Lack of statutory notice does not allow for untimely will contest 2023 Ark.App. 202

Majority finds that Rule 4 extending time to file appeals applies to Workers Comp cases 2023 Ark.App. 223

Hot check convictions keep elected JP from seeking reelection, and temporary injunction prevents her from continuing in office 2023 Ark. 70

DFA must first show total amount of taxable income before tax burden can be assessed 2023 Ark. 74

Judge who investigated party and sought criminal charges has no duty to recuse from his civil case 2023 Ark.App. 253

Plaintiff files unlawful detainer action, winds up owing defendant $30,000 2023 Ark.App. 269

Interim suspension of law license was reversed by writ of cert 2023 Ark. 86

Unlicensed process server who did not verify identity of defendants results in dismissal of case 2023 Ark.App. 281

Trustee breached duty by not funding educational trust as directed 2023 Ark.App. 302

UCCJEA applied to Mexican citizens living in Arkansas 2023 Ark.App. 304

Objection to an affidavit for collection of small estate is "asserting a claim in a court of competent jurisdiction" 2023 Ark.App. 305

Foreclosure was not barred by statute of limitations due to waiver and payment of insurance premiums by note holder 2023 Ark.App. 326

Unsuccessful suit against hospital costs doctor $465,240 in attorney fees 2023 Ark. 100

Personal injury claim against deceased driver was governed by statute of nonsuit and not statute of limitations 2023 Ark. 103

Coverage exclusion in auto policy was upheld 2023 Ark.App. 359

Testamentary capacity was shown for 104 year old; Trustee of her trust was removed 2023 Ark.App. 380

Chain reaction MVA on Memphis bridge leads to summary judgment for some defendants, but not all 2023 Ark.App. 391

Serial polling of City Board to remove item from meeting agenda was not a violation of FOIA 2023 Ark.App. 408

Change in custody to sex-offender father was reversed as to one child on a technicality, affirmed as to other 2023 Ark.App. 428

ASC reverses itself in regards to fraudulent concealment in legal malpractice cases 2023 Ark. 146

Decision rendering LEARNS Act invalid due to lack of separate vote for emergency clause was reversed 2023 Ark. 140

Materialmen's lien was defective because of an insufficient property description 2023 Ark.App. 455

Attorney fee dispute grinds on after seventeen years 2023 Ark.App. 479

Postproduction expenses not intended to be deducted from net proceeds of royalty interests 2023 Ark.App. 483

State statute granted immunity to school officials for state action, but not federal claim 2023 Ark. 160

Fact that ex-wife had another child did not prove cohabitation 2023 Ark.App. 540

Codicil to will was effective; challenge to competency and charge of undue influence both fail 2023 Ark. App. 551

Summary judgment in medical malpractice case was reversed based on application of res ipsa loquitur 2023 Ark.App. 562

Homestead statute is not unconstitutional because homestead requirement in constitution is unconstitutional 2023 Ark. 191

Violation of in terrorem clause results in loss of all benefits from trust and will for daughter, but not her children 2024 Ark.App. 6

Drastic change in "parenting time" was not a change in joint custody 2024 Ark.App. 72

Arkansas proceeds further into the minority by allowing change of annuity beneficiaries via will 2024 Ark. 17

Brothers litigate land ownership from beyond the grave 2024 Ark.App. 120

No-waiver clause in contract could not itself be waived 2024 Ark.App. 128

Personal injury plaintiff fails to get new trial based on claim his own testimony was unintelligible 2024 Ark.App. 155

Husband loses divorce and consolidated civil case by default, also manages to get held in contempt 2024 Ark.App. 156

Historic Tax Credits of limited value to out of state residents 2024 Ark. 25

Alimony award must be reversed based on waiver 2024 Ark.App. 166

Dealer letting employees use cars was required to pay sales tax 2024 Ark. 31

Concealed carry permit does not entitle holder to carry a gun to premises that holds a permit to sell alcohol, even if it is at a public university 2024 Ark. 44

Voting machines comply with state law; judge laughing at a motion is not grounds for recusal 2024 Ark. 43

Irreperable harm has a different meaning where breach of a noncompete agreement is at issue 2024 Ark.App. 232

Summary judgment stripping marijuana cultivation license was reversed and remanded 2024 Ark. 50

Lawyers can carry their guns in the courthouse but not into court- yet 2024 Ark. 65

Grant of joint custody was affirmed 2024 Ark.App. 269

Arkansas statute allowing carrying guns to your employer is not trumped by FELA 2024 Ark. 74

Selling car to an unlicensed driver not enough to support a claim for negligent entrustment 2024 Ark.App. 299

Ruling that various election procedure statutes were unconstitutional was reversed 2024 Ark. 90

Naming school's lawyer as a defendant in FOIA action results in sanctions 2024 Ark.App. 386

Abortion Amendment signatures not required to be counted 2024 Ark. 121

Easement for roadway did not give holder authority to build fences and gates 2024 Ark.App. 433

Supreme Court goes to war- with itself 2024 Ark. 134

Class action allowed to proceed against insurance company accused of inapporiately adjusting med-pay claims 2024 Ark. 145

Court of Appeals reverses summary judgment ruling that applied the workers comp going-and-coming rule to a tort case 2024 Ark. App. 491

The locality rule in medical malpractice is alive and well 2024 Ark.App. 507

Family non-profit splits over selling the family farm 2024 Ark.App. 526

Verdict against trucking company affirmed even though truck driver was not sued individually 2024 Ark. App. 561