Legal Opinion · Concurring in part, dissenting in part

Jewell v. Fletcher

Supreme Court of Arkansas

Decided April 29, 2010No. 09-313Published

1Concurring in part, dissenting in partBrown, J.

In a remarkable decision, the majority has remanded this case to the trial court for a second time and held that the Sims Estate (Sims) is entitled to “relief’ on its claim and that the trial court should “fashion the appropriate remedy.” The remedy Sims wants, based on the 2008 hearing before the trial court, is to unwind a distribution of money to the law firm partners (partners) that occurred more than three years ago and to require a disgorgement of those assets so that Sims’s claim may be satisfied. The trial court, of course, has already refused to do this in its order dated December 9,…

2Cases cited19 opinions

  1. McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business RegulationSupreme Court of the United States · 1990
  2. In the Matter of Combined Metals Reduction Company, Debtor (Ten Cases). Irving Bennett v. Paul Gemmill, Trustee, (Four Cases). Irving Bennett v. W. Lamonte Robison, Trustee, (Four Cases). Irving Bennett v. Paul Gemmill, Trustee, Jeremiah Milbank, and Milbank & Co., Irving Bennett, Entrada Industries, Inc. (Wasatch Chemical Division), Charles A. Steen, Individually, Charles A. Steen, as Custodian for His Sons and Heirs, and Charles A. Steen on Behalf of the Steen Foundation v. Paul Gemmill, TrusteeCourt of Appeals for the Ninth Circuit · 1977
  3. Lytle v. Citizens Bank of BatesvilleCourt of Appeals of Arkansas · 1982
  4. In Re Lewis Jones, Inc.District Court, E.D. Pennsylvania · 1973
  5. First National Bank v. Arkansas State Bank CommissionerSupreme Court of Arkansas · 1989

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