Vol. 27, Issue 22
March 13, 2017

Civil Cases

Attorneys fees and expert witness fees are not recoverable in condemnation action brought by city

City of Benton v. Alcoa Road Storage, Inc. - 2017 Ark. 78 Arkansas Supreme Court. March 9, 2017. Circuit Court of Saline County, Hon. Gary Arnold. REVERSED ON DIRECT APPEAL; AFFIRMED ON CROSS APPEAL.

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

Farris v. Conger - 2017 Ark. 83 Arkansas Supreme Court. March 9, 2017. Circuit Court of Pulaski County, Hon. Cathleen Compton. REVERSED AND REMANDED; COURT OF APPEALS' OPINION VACATED.

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Medical malpractice judgment stands, but prejudgment interest award is reversed

Williams v. Shackelford - 2017 Ark.App. 149 Court of Appeals. March 9, 2017. Circuit Court of Pulaski County, Hon. Chris Piazza. AFFIRMED IN PART; REVERSED IN PART.

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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

Harley v. Dempster - 2017 Ark.App. 159 Court of Appeals. March 8, 2017. Circuit Court of Pulaski County, Hon. Vann Smith. SUBSTITUTED OPINION ON THE GRANT OF REHEARING; REVERSED AND REMANDED.

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

Farrow v. Fuller - 2017 Ark.App. 144 Court of Appeals. March 8, 2017. Circuit Court of Carroll County, Hon. Scott Jackson. AFFIRMED IN PART; REVERSED AND REMANDED IN PART.

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Unjust enrichment was not warranted where party to contract failed to perform and could not show impossibility of performance

Douglas v. Shelby Taylor Trucking, Inc. - 2017 Ark.App. 156 Court of Appeals. March 8, 2017. Circuit Court of Grant County, Hon. Chris Williams. REVERSED.

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Criminal Cases

Circuit court did not err in suspending license; probable cause for stop not an administrative decision

Thomas Stuart v. Arkansas Dept. of Finance and Administration - 2017 Ark.App. 139 Court of Appeals. March 8, 2017. Circuit Court of Drew County, Hon. Don Glover. AFFIRMED.

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Drug conviction affirmed in rare split decision

Alexander Pokatilov v. State of Arkansas - 2017 Ark.App. 155 Court of Appeals. March 8, 2017. Circuit Court of Lonoke County, Hon. Sandy Huckabee. AFFIRMED.

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