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Equity One Franchisors v. State of Texas - Mandamus on Forum-Selection Clause

The Texas Court of Appeals, 9th District (Beaumont), partially granted mandamus relief in favor of Equity One Franchisors, LLC, regarding enforcement of forum-selection clauses in franchise agreements. The appellate court temporarily stayed trial court proceedings and conditionally granted the petition in part, directing the trial court to reconsider the Motion to Dismiss based on contractual forum-selection clauses.

Routine Enforcement Legal
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Arkansas appellate court orders rebriefing in fraud case

Arkansas appellate court orders rebriefing in fraud case

Routine Notice
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First Service Bank v. Snowden - Subdivision Restriction Enforcement

The Arkansas Court of Appeals affirmed a permanent injunction preventing First Service Bank from using Lot 23 in Goodhaven Subdivision for commercial purposes. The court held that the bank's proposed use violated the subdivision's bills of assurance, which restrict lots to residential use, despite the Greenbrier City Council having approved rezoning. The Snowdens and Barbara Johnson Revocable Trust successfully enforced the 1969 subdivision restrictions.

Routine Enforcement Real Estate
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Simshauser v. Simshauser - Protection Order and Contempt Appeal

Arkansas Court of Appeals affirmed the Garland County Circuit Court's order granting Michelle Simshauser's petition for an order of protection and motion for contempt against appellant Trenton Simshauser. The appellate court rejected Trent's arguments that there was insufficient evidence of domestic abuse and that he was wrongly denied a jury trial for criminal contempt.

Routine Enforcement Family Law
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Rachel Herndon v. Tyleek Matthews - Visitation Award Reversed for Lack of Paternity Adjudication

The Arkansas Court of Appeals reversed a trial court order that had awarded appellee Tyleek Matthews alternating-weekend visitation with Rachel Herndon's son, MC. The appellate court held that the trial court erred in awarding visitation where Tyleek's paternity had never been adjudicated. The order of protection remains in effect; only the visitation provision was reversed.

Routine Enforcement Civil Rights
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Lamiesha Toney v. State of Arkansas - Criminal Appeal

The Arkansas Court of Appeals affirmed Lamiesha Toney's conviction for second-degree murder and first-degree battery, rejecting her sufficiency-of-evidence challenge. Toney received a 20-year sentence for her role as accomplice in a shooting that killed Emmanuel Foster and injured Jason Anderson. The court found sufficient evidence that Toney acted as Deric Smith's accomplice.

Routine Enforcement Criminal Justice
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Heather Scallion v. State of Arkansas - Criminal Appeal Affirmed

The Arkansas Court of Appeals affirmed Heather Scallion's convictions for first-degree murder, aggravated robbery, theft of property, and theft by receiving involving a firearm. Scallion challenged the sufficiency of the evidence and sentencing enhancements on appeal; the court found sufficient evidence and determined she failed to timely challenge the enhancements. Docket No. CR-25-84.

Routine Enforcement Criminal Justice
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Patrick Hrdlichka v. Samantha Bengston - Civil Appeal Dismissed

The Arkansas Court of Appeals dismissed Patrick Hrdlichka's appeal in Hrdlichka v. Bengston (No. CV-25-106) due to fatal briefing deficiencies including submission of fictitious case citations. The lower court had awarded Bengtson $10,000 in compensatory damages plus $237.50 in costs under Arkansas Code Annotated section 16-118-107, a statute allowing crime victims to seek damages in civil actions.

Routine Enforcement Criminal Justice
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Melissa Henry (Shoptaw) v. Shawn Henry - Visitation Modification

The Arkansas Court of Appeals affirmed the Saline County Circuit Court's order modifying visitation arrangements for Shawn Henry with the parties' minor child. The appellate court upheld the finding that sufficient changed circumstances existed to warrant modification without requiring a material change of circumstances standard. Appellant Melissa Henry's four arguments on appeal were all rejected.

Routine Enforcement Consumer Protection
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Arter v. Pike - Boundary Dispute

Arkansas Court of Appeals affirmed the Searcy County Circuit Court ruling in favor of the Pike family, upholding their claim of boundary by acquiescence to a 5.42-acre tract. The court rejected Jerry Arter's appeal and counterclaim challenging the boundary and a quitclaim deed. This decision resolves a property boundary dispute between adjoining landowners in Searcy County.

Routine Enforcement Real Estate

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