Worthen Bank & Trust Company, N.A., Appellant/cross-Appellee v. Walter A. Utley, Appellee/cross-Appellant

ROSS, Circuit Judge.

This is an appeal from the United States District Court, Eastern District of Arkansas wherein the appellant (hereinafter Worthen Bank) appeals a $1,500,000 judgment on a jury verdict in favor of appellee (hereinafter Utley) and also appeals the amount of the verdict in favor of Worthen Bank. Utley appeals the judgment on the jury verdict in favor of Worthen in the amount of $2,500,000. Jurisdiction is invoked pursuant to 28 U.S.C. § 1291. We reverse in both appeals.

FACTS

The facts can be summarized as follows: Arkansas Communities, Inc. (hereinafter ACI) and International…