Legal Opinion

Briney v. Bauer

Court of Appeals of Arkansas

Decided April 17, 2019No. CV-18-811PublishedCited by 3 opinions

1Opinion of the CourtPhillip T. Whiteaker, Judge

Appellants Patrick and Colleen Briney appeal the Washington County Circuit Court's granting of a motion for default judgment on the counterclaim of appellee Michael Bauer. Specifically, the Brineys contend the court abused its discretion in finding they inexcusably failed to file a timely answer to the counterclaim, and in striking their answer to the counterclaim. We affirm.

We provide the following summary of the proceedings for purposes of our analysis. The Brineys filed a complaint and a first amended complaint against Bauer, alleging breach of contract, fraud, and constructive fraud.1…

2Cases cited3 opinions

  1. Allen v. KizerSupreme Court of Arkansas · 1987
  2. Layman v. BoneSupreme Court of Arkansas · 1998
  3. Eusanio v. TippinCourt of Appeals of Arkansas · 2013

3Cited by3 opinions

  1. Darlette Ewing v. Lea SchmalzCourt of Appeals of Arkansas · 2024
  2. Richard G. Gawenis v. Zelda Walls Living TrustCourt of Appeals of Arkansas · 2022
  3. Donna Scruggs, Stephanie Evans, Alan Frazier, and Edward D. Jones & Co., a Limited Partnership v. Charles Michael Lewis, Individually and as Personal Representative of the Estate of Charley Lewis, Deceased; Margaret Anne Lewis; Lauren Lewis; And Andrea LewisCourt of Appeals of Arkansas · 2020

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