Tag: Arkansas appeals
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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The 8th Circuit Court of Appeals recently rendered an unpublished opinion, Kiddie v. Copeland, Case No. 17-2814, involving the statute of frauds, and its application to an agreement to divided a deceased grandfather’s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 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…