Category: Cases

SCOA: New Trial Due to Improper Argument Proper Despite No Objection at Time Since Court Aware of Issue

Smith v. Hopper, 2015 Ark. 210, 462 S.W.3d 335 (2015).

In personal injury negligence action, circuit court granted motion for new trial on basis that plaintiff’s counsel misstated in closing argument that a police officer who provided key testimonial evidence had been reprimanded.

Plaintiff argued on appeal that the new trial was improperly granted because there had been no contemporaneous objection during the closing argument.

At trial, the defense counsel had made an objection after the circuit court raised the issue sua sponte.

Continue reading SCOA: New Trial Due to Improper Argument Proper Despite No Objection at Time Since Court Aware of Issue

ACOA: No Discretion Abuse in Striking Amended Complaint Filed 3 Days Before Summary Judgment Hearing

Orintas v. Point Lookout Property Owners Association Board of Directors, 2015 Ark. App. 648, 476 S.W.3d 174 (2015).

At hearing on appellee’s motion for summary judgment, circuit court granted appellee’s oral motion to strike appellants’ third amended complaint that was filed three days before the hearing.

Appellants argued that striking the complaint was abuse of discretion. Court of appeals affirmed. Continue reading ACOA: No Discretion Abuse in Striking Amended Complaint Filed 3 Days Before Summary Judgment Hearing

ACOA: Rule 6(b)(1) Does Not Require Ruling on Answer Time Extension Before Time Expires

The Logan Centers, Inc. v. Walker, 2015 Ark. App. 687.

Prior to the expiration of time to file its answer, defendant filed a motion for extension of time. Defendant attached affidavits in support of the motion.

Circuit court denied the motion holding that the motion was not presented to the court nor was a ruling requested prior to the answer time expiring. Circuit court also held that the motion lacked credible evidentiary proof.

Court of appeals reversed holding that Rule 6(b)(1) does not require a request for trial court ruling prior to the answer time expiration.

Continue reading ACOA: Rule 6(b)(1) Does Not Require Ruling on Answer Time Extension Before Time Expires

SCOA: Summons Stating Incorrect Incarcerated Response Days Invalid Even If No Incarceration

Earls v. Harvest Credit Management VI-B, LLC, 2015 Ark. 175,460 S.W.3d 795 (2015).

The Arkansas Supreme Court held in this case that a summons was invalid for stating incorrectly the number of days in which the defendant would have to respond to summons if defendant was incarcerated.

The summons stated that defendants would have 30 days to respond if incarcerated rather than the correct number of 60.

Continue reading SCOA: Summons Stating Incorrect Incarcerated Response Days Invalid Even If No Incarceration

ACOA: Complaint Must State Facts Not Merely Conclusions

Clayton v. Batesville Casket Company, 2015 Ark. App. 361, 465 S.W.3d 441 (2015).

Plaintiff family members sued casket company for tort and breach-of-warranty claims because of an alleged leaking casket. Circuit court dismissed for failure to state a claim, and the court of appeals affirmed.

In Arkansas, the complaint must state facts, not mere conclusions, showing the pleader is entitled to relief. Continue reading ACOA: Complaint Must State Facts Not Merely Conclusions