Chick-A-Dilly Properties, Inc. v. Hilyard

I must respectfully dissent from the opinion of the majority in this case. The opinion recognizes that the leading case in Arkansas pertaining to the filing of cross motions for summary judgment is Wood v. Lathrop, 249 Ark. 376, 459 S.W.2d 808 (1970), where the court agreed that “the fact that both parties have moved for summary judgment does not establish that there is no issue of fact.” 249 Ark. at 379, 459 S.W.2d at 809.

The majority opinion also acknowledges that “the general principle set forth in Wood has been subsequently followed” in the Arkansas Supreme Court and the Arkansas Court of…