Legal Opinion · Dissent
Payne v. Donaldson
Court of Appeals of Arkansas
Decided June 29, 2011No. CA 10-1238Published
1DissentJosephine Linker Hart, Judge
The issue of attorney fees should have been dismissed the last time Mr. Payne had to bring his case to the court of appeals. See Payne v. Donaldson, 2010 Ark. App. 255, 379 S.W.3d 22 (Hereinafter Payne II).1 However even considering the manifestly unsound holding in Payne II,2 an award of attorney fees is not | .¿justified. In affirming, the majority has made significant errors of law and fact, considering the manifestly unsound holding in Payne II, an award of attorney fees is not justified. In affirming, the majority has made significant errors of law and fact.
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2Cases cited4 opinions
- Harris v. City of Fort SmithSupreme Court of Arkansas · 2006
- CJ Building Corp. v. TRAC-10Supreme Court of Arkansas · 2007
- Payne v. DonaldsonCourt of Appeals of Arkansas · 2010
- Westside Galvanizing Services, Inc. v. Georgia-Pacific Corporation and Southeastern Conveyor Fabricators, Inc., Aaa Steel Detailing, Inc., IntervenorCourt of Appeals for the Eighth Circuit · 1991