Category: Legal Analysis
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The Arkansas Supreme Court Issued Per Curium Order to Address Eviction Filings
The Arkansas Supreme Court issued an additional per curium order this week to address eviction filings. The order requires all eviction complaints between now and July 25, 2020 to affirmatively plead that the property that is the subject of the eviction dispute is not a covered dwelling under the federal Coronavirus Aid, Relief, and Economic…
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The Arkansas Supreme Court Issues Updated Response to COVID-19
The Arkansas Supreme Court has issued an updated response to COVID-19 with per curium opinion 2020 Ark. 164. Pursuant to this new order, the Arkansas Supreme Court has indefinitely suspended the following litigation service and response dates: Ark. R. Civ. P. 4(i) (Time for Service of Complaint), Ark. R. Civ. P 33(b) (Time to Respond to Interrogatories), Ark. R.…
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Covid-19 Presents New Legal Challenges and Unique Opportunities for Arkansas Citizens and Businesses
Covid-19 Presents New Legal Challenges and Unique Opportunities for Arkansas Citizens and Businesses Without question, everyone’s life has been effected by the Covid-19 coronavirus pandemic. So much has changed over the last 30 days, and since little is still known about the coronavirus that has sickened so many, including how it spreads, and how it can…
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Oral Agreements to Divide a Decedent’s Property Violate the Statute of Frauds
The 8th Circuit Court of Appeals recently rendered an unpublished opinion, Kiddie v. Copeland, Case No. 17-2814, involving the statute of frauds, and its application to an agreement to divided a deceased grandfather’s property. First, what is the statute of frauds anyway and why should you care? The statute of frauds is a common law…
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It’s Good to be King. Arkansas Sovereign Immunity Wins Again in Arkansas Community Corrections v. Barnes, 2018 Ark. 122.
The Arkansas Supreme Court made itself abundantly clear in a new opinion rendered this week. As stated in Arkansas Community Correction v. Barnes, 2018 Ark. 122, the Court clearly meant its prior holding in Bd. of Trs. v. Andrews, 2018 Ark. 12, 535 S.W.3d 616: you simply cannot sue the state of Arkansas. So, I guess it…
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Arkansas Estate Plans for Young Professionals
Contrary to what you might believe, estate planning is not reserved for the old and rich. Over the course of the next few estate planning posts, I’ll try to prove my point, that an estate plan is appropriate for everyone, regardless of your station in life. Today, I’ll discuss the category that I fall within:…
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Arkansas Court of Appeals Sets Aside 8-Year Old Judgment Due to A Deficient Warning Order Affidavit
The Arkansas Court of Appeals recently took the wood to a default judgment that was entered against a defendant solely on the basis of constructive service by warning order. See Self v. Hustead, 2017 Ark. 339. In this case, our firm, Daily & Woods, P.L.L.C. represented the successful appellant. Setting the Stage All lawsuits begin…
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What Do Prostitution and the Failure to Pay Rent Have In Common?
C. Michael Daily is a business law attorney with the long-established law firm of Daily & Woods, P.L.L.C. and is licensed to practice business law and real estate law in Arkansas, Oklahoma, North Dakota and Wyoming. C. Michael Daily can be contacted by telephone at 479-242-3953, by email at [email protected], or by regular post at 58 South 6th Street, Fort…
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Issue 5, Arkansas Wins….Loses
Issue 5, the casino amendment, is all but dead. Last week, the Arkansas Supreme Court issued a ruling and held that the issue would not reach voters, because the ballot title was legally insufficient. Even though you are probably still seeing those crazy ads on television, and fliers in the mail, it appears that the…
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Arkansas Ballot Issue 5-The Casino Amendment
A few days ago, I outlined some items that Arkansas registered voters may want to consider before deciding on Ballot Issue 6, the Medical Marijuana Amendment of 2016. This election is not just about medical marijuana; casinos are on the ballot too (again). This measure looks a little different from the initiative proposals you may…