Benton School District; Lori Bacon, in Her Individual and Official Capacity; And Lita Gattis, in Her Individual and Official Capacity v. Brandi Greer

2026 Ark. 51

• Court: Supreme Court of Arkansas
• Decided: March 12, 2026
• Status: Published

Opinion

Cite as 2026 Ark. 51 SUPREME COURT OF ARKANSAS No. CV-25-285

Opinion Delivered: March 12, 2026 BENTON SCHOOL DISTRICT; LORI BACON, IN HER INDIVIDUAL AND APPEAL FROM THE SALINE OFFICIAL CAPACITY; AND LITA COUNTY CIRCUIT COURT GATTIS, IN HER INDIVIDUAL AND [NO. 63CV-20-522] OFFICIAL CAPACITY APPELLANTS HONORABLE BRENT DILLON HOUSTON, JUDGE

V. REVERSED AND DISMISSED.

BRANDI GREER APPELLEE

RHONDA K. WOOD, Associate Justice

This is an appeal concerning the award of $106,959.79 in attorneys’ fees and costs to

the appellee, Brandi Greer. Today this court reversed the merits of the underlying judgment

in a companion case, No. CV-25-11. See Benton Sch. Dist. v. Greer, 2026 Ark. 53, ___

S.W.3d ___. Greer is no longer the prevailing party. We have held that when we reverse a

judgment in favor of a prevailing party, the attorneys’-fees award “must also be reversed,”

and it is unnecessary to consider the arguments regarding the award of the fees and costs.

Pettus v. McDonald, 343 Ark. 507, 516–17, 36 S.W.3d 745, 751 (2001). Accordingly, we

reverse and dismiss the award of attorneys’ fees and costs in its entirety.

Reversed and dismissed.

BAKER, C.J., concurs.

HUDSON, J., dissents. COURTNEY RAE HUDSON, Justice, dissenting. The majority reverses and

dismisses the award of attorneys’ fees and costs on the ground that appellee Brandi Greer is

no longer the prevailing party in the underlying case, No. CV-25-11. See Benton Sch. Dist.

v. Greer, 2026 Ark. 53, ___ S.W.3d ___. As I explained in that case, I would affirm in part

and reverse in part. Accordingly, I would reverse the circuit court’s order awarding

attorneys’ fees and costs and remand for consideration of the fee petition in light of that

outcome.

I respectfully dissent.

Taylor & Taylor Law Firm, P.A., by: Jennifer Williams Flynn, Tory H. Lewis, Andrew

M. Taylor, and Tasha C. Taylor, for appellants.

Sutter & Gillham, P.L.L.C., by: Luther Oneal Sutter and Lucien Gillham for appellee.