Ryder Truck Rental, Inc. v. Sutton

W. W. Bassett, Jr., Special Chief Justice.

This is the companion case to H. D. Sutton v. Ryder Truck Rental, Inc., 305 Ark. 231, 807 S.W.2d 905 (1991). In order to properly identify and address the issues raised by Ryder on appeal, it is first necessary to delineate the procedural and factual history of the case.

The facts show that Ryder obtained a judgment against Sutton in the amount of $292,042.43. The judgment was filed on September 6,1989. After the judgment was entered, Sutton filed a motion for new trial. Subsequently, on October 13,1989, while the motion for new trial was pending,…