United-Bilt Homes, Inc. v. Sampson

Donald L. Corbin, Justice.

Appellant, United-Bilt Homes, Incorporated, appeals a judgment of the Pulaski Chancery Court finding that appellant’s complaint for foreclosure against appellee, Charles Sampson, was a compulsory counterclaim that should have been filed in a previous suit between the same parties. For reversal appellant relies on ARCP Rule 13(a) and (d) and asserts two points of error. We find merit to the first point of error and therefore reverse and remand.

This is the second appeal we have heard involving the same parties. In United-Bilt Homes, Inc. v. Sampson, 310 Ark. 47, 832 5.…