Legal Opinion · Dissent

Riddle v. Udouj

Court of Appeals of Arkansas

Decided May 9, 2007No. CA 06-865Published

1DissentDavid M. Glover, Judge

I agree that appellants’ claim for fraud is barred by the statute of limitations, but I disagree that the same is true of appellants’ breach-of-warranty action. Appellants’ claim for breach of warranty did not accrue until the entry of Judge Foltz’s 2002 order, meaning that their 2005 complaint was filed within the limitations period.

Appellants purchased a lot that, by all indications, extended beyond the fences in question. A survey showed the fences well within appellants’ property lines, and representations on the property disclosure form indicated that no fences were shared with adjoining…

2Cases cited4 opinions

  1. McWilliams v. SchmidtCourt of Appeals of Arkansas · 2001
  2. Smiley v. ThomasSupreme Court of Arkansas · 1952
  3. Bosnick v. HillSupreme Court of Arkansas · 1987
  4. Timmons v. City of MorriltonSupreme Court of Arkansas · 1957

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