Eddins v. Style Optics, Inc.

35 S.W.3d 315, 71 Ark. App. 102, 2000 Ark. App. LEXIS 603
CourtCourt of Appeals of Arkansas
DecidedSeptember 27, 2000
DocketCA 99-1355
StatusPublished
Cited by1 cases

This text of 35 S.W.3d 315 (Eddins v. Style Optics, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eddins v. Style Optics, Inc., 35 S.W.3d 315, 71 Ark. App. 102, 2000 Ark. App. LEXIS 603 (Ark. Ct. App. 2000).

Opinion

Josephine Linker Hart, Judge.

The crux of this appeal is the allowance by the probate court of appellees’ claims for court-awarded attorney’s fees and costs. This case is the sequel to two earlier appeals and both cases, as here, concern attorney’s fees awarded appellees as a consequence of appellees being the prevailing party in a breach-of-contract suit brought by the personal representative. For reversal, the personal representative argues that the probate court erred in allowing appellees’ untimely-filed claims and ordering the estate to post bond. Further, the personal representative cites as error the probate court’s findings that its request for a setoff was barred and the inventory, as filed, was inadequate. We disagree with the personal representative and affirm.

In the first appeal, Estate of James M. Berry, Deceased v. Styles Optics, Inc., et al., CA 98-222, slip op. at 8-10 (Ark. App. Nov. 11, 1998), the personal representative appealed a chancery court’s decision in which the chancellor found in favor of appellees in a breach of contract claim brought by the personal representative and awarded appellees attorney’s fees of $13,141.11. This court affirmed the chancellor’s decision.

In the second appeal, the personal representative attempted to reverse the probate court’s decision that she was estopped from denying appellees’ claim despite the fact that the claim had been filed months after the statute of nonclaim had run. The order, which was filed on June 1, 1998, gave the personal representative two options: “(1) deposit funds or a surety bond in the amount of $16,000 to ensure that the claim, if allowed, would be paid; or, (2) recover assets previously distributed equal to that amount.” The appeal, however, was dismissed because this court concluded that the provision “if allowed” prevented the order from being a final, appealable order. Betty B. Eddins, Administratrix v. Style Optics, Inc., CA 98-862, slip op. at 4 (Ark. App. Feb. 10, 1999).

After remand, appellees filed a petition seeking to require the personal representative to file an inventory1 and filed an additional claim for $102, the costs awarded for the second appeal. This claim was in addition to their previous claim for attorney’s fees of $13,141.11. The personal representative again denied appellees’ claims and moved to have the June 1, 1998, order set aside. After a hearing on April 28, 1999, the court: (1) ordered the personal representative to file on or before May 10, 1999, an inventory of the deceased’s assets as of the date of his death; (2) relying on Brickey v. Lacey, 247 Ark. 906, 448 S.W.2d 331 (1969), allowed appellees’ claims of $13,141.11 and $102, and, consequently, denied the personal representative’s requests.

Following the entry of that order on July 30th, there was a series of letters between the probate court and the personal representative’s attorney. Ultimately, the probate court entered a second order on August 27, 1999, finding that the inventory filed by the personal representative was “wholly inadequate” and ordered the estate to file another inventory, required the personal representative to secure a bond in the amount of $16,000, and ruled that the doctrine of res judicata barred the estate from receiving a setoff. Thereafter, the personal representative appealed both the July 30, 1999, and the August 27, 1999, orders.

On appeal, “[p]robate cases are reviewed de novo . . . [and] we will not reverse the probate judge’s findings of fact unless they are clearly erroneous. ... A finding is clearly erroneous when, although there is evidence to support it, we are left on the entire evidence with the firm conviction that a mistake has been committed.” Snowden v. Riggins, 70 Ark. App. 1, 7-8, 13 S.W.3d 598, 602 (2000) (citations omitted); see also Ark. R. Civ. P. 52(a). Furthermore, “[w]hile we will not overturn the probate judge’s factual determinations unless they are clearly erroneous, we are free in a de novo review to reach a different result required by the law.” Standridge v. Standridge, 304 Ark. 364, 370, 803 S.W.2d 496, 499 (1991) (citing Winn v. Chateau Cantrell Apartment Co., 304 Ark. 146, 801 S.W.2d 261 (1990); Ferguson v. Green, 266 Ark. 556, 587 S.W.2d 18 (1979)).

I. Allowance of Appellees’ Claims

The personal representative argues that In Re Estate of Spears, 314 Ark. 54, 858 S.W.2d 93 (1993), instead of Brickey controls the outcome of this case. In our view, however, the probate court properly relied on Brickey in allowing appellees’ claims. A review of the facts of these cases demonstrates that the personal representative’s reliance on Spears is misplaced.

The decedent in Spears was the principal owner of a real estate company and a construction company. In January 1989, Spears, the decedent, entered into a contract with Jimmie and Gay Bowling whereby he agreed to provide a lot and build a house in Little Rock for the Bowlings, and they agreed to convey to Spears a house that was mortgaged in which Spears would assume the note payments. Thereafter, Spears made timely payments on the assumed note until May 1990, when he conveyed the mortgaged property to his brother, who stopped making payments the following February.

Consequently, demand was made upon the Bowlings for delinquent note payments in May 1991, when they learned that Spears had died in September 1990. The mortgaged property went into foreclosure and a deficiency judgment of $24,314.90 was entered against the Bowlings, who in turn filed a claim against the estate in an attempt to satisfy the judgment. The probate court found that the Bowlings’ claim was filed more than three months after the first publication of the statutory notice and, therefore, violated the statute of nonclaim. Further, the probate court found that the Bowlings were not reasonably ascertainable creditors and, thus, not entitled to file their claims within the two-year limitations period found in Ark. Code Ann. § 28-50-101 (h) (Supp. 1991). The probate court’s decisions were affirmed on appeal.

In Brickey, on the other hand, the estate sought and received permission from the probate court to bring an unlawful detainer action against Lacy. Lacy surrendered possession of the premises, but filed an answer denying the personal representative’s right to possession and prayed for damages caused by his eviction. The trial resulted in a judgment in favor of Lacy for $8,028.26, and that judgment was affirmed on appeal. Lacy, accordingly, filed a claim against the personal representative to collect. The probate court allowed the claim and the personal representative appealed arguing that the claim was barred by the statute of nonclaim. Our supreme court, however, affirmed and held that Lacy’s demand was a “cost of administration” and not barred by the statute of nonclaim. Brickey, 247 Ark. at 908-909, 448 S.W.2d at 332.

Plainly, Spears and Brickey deal with entirely different types of claims.

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Bluebook (online)
35 S.W.3d 315, 71 Ark. App. 102, 2000 Ark. App. LEXIS 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddins-v-style-optics-inc-arkctapp-2000.