Legal Opinion · Dissent

Windsong Enterprises, Inc. v. Upton

Court of Appeals of Arkansas

Decided June 29, 2005No. CA 04-571Published

1DissentOlly Neal, Judge

I dissent from the majority opinion because it is inconsistent with a previous supreme court decision dealing with this issue, Donathan v. McDill, 304 Ark. 242, 800 S.W.2d 433 (1990). In that case, Donathan hired Hot Springs Tide Company to research the tide to a parcel of land he wished to buy that was to be sold for nonpayment of taxes. At the tax sale, Donathan and McDill, the president of Hot Springs Tide Company, both bid on the land, and Donathan’s bid was accepted. After the sale, McDill informed the owner of the land about the sale and the statutory right to redeem. Using his own…

2Cases cited11 opinions

  1. Walt Bennett Ford, Inc. v. Pulaski County Special School DistrictSupreme Court of Arkansas · 1981
  2. Kinco, Inc. v. Schueck Steel, Inc.Supreme Court of Arkansas · 1984
  3. Cash v. CarterSupreme Court of Arkansas · 1993
  4. McGraw v. WeeksSupreme Court of Arkansas · 1996
  5. Parker v. PerrySupreme Court of Arkansas · 2003

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