Vol. 25, Issue 11
November 24, 2014
Civil Cases
"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
Travelers Casualty & Surety Company of America v. Sweet's Contracting, Inc. -
2014 Ark. 484
Arkansas Supreme Court. November 20, 2014.
Circuit Court of Independence County,
Hon. Timothy Weaver.
AFFIRMED IN PART, REVERSED IN PART ON DIRECT APPEAL; AFFIRMED IN PART, REVERSED IN PART ON CROSS-APPEAL.
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Motion to intervene in school funding case was untimely
Fort Smith School District v. Deer/ Mt. Judea School District -
2014 Ark. 486
Arkansas Supreme Court. November 20, 2014.
Circuit Court of Pulaski County,
Hon. Christopher Piazza.
AFFIRMED.
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No malpractice found in skin-resurfacing procedure which resulted in third-degree burns
Poff v. Elkins -
2014 Ark.App. 663
Court of Appeals. November 19, 2014.
Circuit Court of Benton County,
Hon. John Scott.
AFFIRMED.
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A.C.A. 11-9-102(4)(A)(i), compensable injuries caused by an accident, does not apply to gradual onset injuries
Maria Estrada v. AERT, Inc. -
2014 Ark.App. 652
Court of Appeals. November 19, 2014.
Workers' Compensation Commission,
REVERSED AND REMANDED.
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Defendant's second failure to appear warrants $100,000 bond forfeiture
Affordable Bail Bonds, Inc. v. State of Arkansas -
2014 Ark.App. 657
Court of Appeals. November 19, 2014.
Pope County Circuit Court,
Hon. William M. Pearson.
AFFIRMED.
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Arbitration agreement signed by unauthorized party cannot create binding agreement based on third-party beneficiary doctrine
Progressive Eldercare Services- Chicot, Inc. v. Long -
2014 Ark.App. 661
Court of Appeals. November 19, 2014.
Circuit Court of Chicot County,
Hon. Don Glover.
AFFIRMED.
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Criminal Cases
Circuit court acted without jurisdiction when it ordered defendant to submit to a criminal responsibility examination
Robert Friar v. Honorable Harold S. Erwin -
2014 Ark. 487
Arkansas Supreme Court. November 20, 2014.
Jackson County Circuit Court,
Hon. Harold S. Erwin.
WRIT OF MANDAMUS DENIED; WRIT OF CERTIORARI GRANTED IN PART; DENIED IN PART.
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Defendant waived sufficiency argument when he failed to argue amended charges at the close of the State's case
Joel Rodriguez v. State of Arkansas -
2014 Ark.App. 660
Court of Appeals. November 19, 2014.
Saline County Circuit Court,
Hon. Gary Arnold.
AFFIRMED.
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