Bank of Northeast Arkansas v. National Surety Corp.

Supreme Court of Arkansas

Bank of Northeast Arkansas v. National Surety Corp.

536 S.W.2d 696, 259 Ark. 695, 1976 Ark. LEXIS 2126

CourtSupreme Court of Arkansas

DecidedMay 3, 1976

Docket75-244

StatusPublished

This text of 536 S.W.2d 696 (Bank of Northeast Arkansas v. National Surety Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bank of Northeast Arkansas v. National Surety Corp., 536 S.W.2d 696, 259 Ark. 695, 1976 Ark. LEXIS 2126 (Ark. 1976).

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Opinion

Conley Byrd, Justice.

This appeal is a companion case to Affiliated Food Stores Inc., et al v. Bank of Northeast Arkansas, #75-240, handed down this date. On this appeal, Appellant Bank of Northeast Arkansas contends that appellee National Surety Corporation did not file its notice of appeal in case #75-240, supra, in the time permitted by Ark. Stat. Ann. § 27-2106.1 (Repl. 1962). The appellee, on the other hand, contends that the filing of a motion for a new trial by its principals, Affiliated Food Stores Inc. and Oral W. Edwards, extended the time for it to file its notice of appeal pursuant to Ark. Stat. Ann. § 27-2106.3 through § 27-2106.6 (Supp. 1975). We agree with National Surety Corporation that, at least as to a party whose liability stands or falls upon the granting or denying of a motion for new trial, the time for filing of a notice of appeal is determined by Ark. Stat. Ann. § 27-2106.3 through § 27-2106.6.

Affirmed.

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Conley Byrd, Justice.

This appeal is a companion case to Affiliated Food Stores Inc., et al v. Bank of Northeast Arkansas, #75-240, handed down this date. On this appeal, Appellant Bank of Northeast Arkansas contends that appellee National Surety Corporation did not file its notice of appeal in case #75-240, supra, in the time permitted by Ark. Stat. Ann. § 27-2106.1 (Repl. 1962). The appellee, on the other hand, contends that the filing of a motion for a new trial by its principals, Affiliated Food Stores Inc. and Oral W. Edwards, extended the time for it to file its notice of appeal pursuant to Ark. Stat. Ann. § 27-2106.3 through § 27-2106.6 (Supp. 1975). We agree with National Surety Corporation that, at least as to a party whose liability stands or falls upon the granting or denying of a motion for new trial, the time for filing of a notice of appeal is determined by Ark. Stat. Ann. § 27-2106.3 through § 27-2106.6.

Affirmed.

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536 S.W.2d 696, 259 Ark. 695, 1976 Ark. LEXIS 2126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-northeast-arkansas-v-national-surety-corp-ark-1976.

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