Davis v. Davis, 2016 Ark. 64, 487 S.W.3d 803 (2016).
Divorce decree held in part that all martial property was to be sold at public auction within 90 days. It further held that any agreement of the parties as to division of personal property would be honored and that otherwise it was to be inventoried and sold.
On appeal, the question of whether this was a final and appealable judgment was addressed.
The Arkansas Supreme Court held that it was a final judgment notwithstanding that the parties were permitted to reach agreements as to some of the property.
Continue reading SCOA: Divorce Decree with Property Distribution Agreement Option is Still Final and Appealable
In Pope v. Overton, 2011 Ark. 11, issued January 20, 2011 (yesterday), the Arkansas Supreme Court held that Rule 68 does not apply to an unallocated joint offer of judgment by multiple defendants if the circuit court must speculate as to how the offer was to be divided by the defendants.
Appellants Ricky and Christine Pope brought suit against Appellees Michael Overton and Entergy Arkansas, Inc. asserting conversion and trespass causes of action because of power lines placed on the Popes’ property without permission.
Prior to trial, Entergy and Overton made a joint offer of judgment to the Popes for $2,500.00. At trial, Entergy was granted a directed verdict. Overton stipulated to liability on conversion and was granted a directed verdict for damages of $566.86. The jury rejected the trespass claim. Continue reading SCOA: Unallocated Joint Offer of Judgment Invalid When Speculation Is Required