Jones v. Abraham

15 S.W.3d 310, 341 Ark. 66, 2000 Ark. LEXIS 173
CourtSupreme Court of Arkansas
DecidedApril 13, 2000
Docket99-1217
StatusPublished
Cited by49 cases

This text of 15 S.W.3d 310 (Jones v. Abraham) 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.

Bluebook
Jones v. Abraham, 15 S.W.3d 310, 341 Ark. 66, 2000 Ark. LEXIS 173 (Ark. 2000).

Opinion

RAY THORNTON, Justice.

This case is before us on petition stice. Arkansas Court of Appeals, pursuant to Ark. Sup. Ct. R. l-2(e). In Jones v. Abraham, 67 Ark. App. 304, 999 S.W.2d 698 (1999) (hereinafter “Jones IF), the court of appeals affirmed the trial court’s dismissal of appellants’ suit to enforce an oral contract to make a will. Appellants then petitioned this court for review, contending that the chancellor erred in holding appellants to a heightened standard of proof to survive a motion to dismiss and on other grounds. Appellees filed a cross-appeal. We granted appellant’s petition for review, and we affirm on both the appeal and the cross-appeal.

I. Facts

When John Turner Abraham died in 1949, he was survived by five children, each of whom was to receive one-fifth of his substantial estate. His daughter, Frances Abraham, was the personal representative of the estate, but never filed an accounting, while continuing to manage the estate until her death in 1993. In the early 1970s, her three brothers filed claims against her for failure to file any inventory and accountings for the estate.

Frances had a better relationship with her sister, Sarah, and when Sarah became ill with cancer, Frances moved in to help care for her. In 1973, Sarah wrote a note to Frances transferring her one-fifth share in the estate to Frances “to pay on my debt to you.” Sarah died in 1975, survived by her husband and three children. Her children, appellants in this case, contend that, based on their mother’s conveyance of her one-fifth share to Frances, Frances promised to leave all of her estate to them upon Frances’s death.

At the time of Sarah’s death in 1975, each of the three brothers continued to have a one-fifth interest in their father’s estate. In 1979, Frances paid her brother, Henry, $112,500 for his share, then paid her brother, William, $150,000 for his share, and later conveyed property worth $130,000 to her brother, Fairfax, for his share. In 1979, following these acquisitions, Frances executed a will leaving one-half of her estate to the appellants. In 1980, Fairfax died, then William died in 1987, and Henry died in 1989. Their children are appellees and cross-appellants in this case.

In 1987, Frances executed another will, revoking the 1979 will, and devised her entire estate in equal one-fourth shares to be distributed per stirpes to the children of each of her four siblings. Following Frances’ death in 1993, Sarah’s three children contested this division of the estate, contending that it violated the alleged oral agreement requiring Frances to make a will devising all of the estate to them. The trial court granted appellees’ motion for summary judgment, and the court of appeals determined that the trial court erred in granting summary judgment and reversed and remanded. Jones v. Abraham, 58 Ark. App. 17, 946 S.W.2d 711 (1997) (“Jones F).

Following remand, appellants proceeded to trial in the chancery court on their assertion that Frances had violated the terms of an oral contract to make a will. The chancellor granted appellees’ motion for directed verdict after appellants rested their case. Appellees requested judgment for attorneys’ fees and costs, including costs which accrued after the entry of an offer of judgment. The chancellor denied these requests, and both parties appealed.

The court of appeals affirmed the trial court by a three-to-three decision, and we granted petition for review. On de novo review, we have concluded that the trial court reached the correct result in granting the motion to dismiss and that the ruling should be affirmed, notwithstanding the trial court’s mistaken use of the wrong standard of proof for granting a Rule 50 motion to dismiss. The trial court’s decision in the cross-appeal is also affirmed.

II. Contemporaneous-Objection Rule

In Jones II, the court of appeals did not reach the merits of appellants’ first three points on appeal because it sua sponte cited the “contemporaneous-objection rule” as a ground for denying appellate review of the chancery court’s order of dismissal. Id. Of the two cases cited by the appellate court in support of requiring a contemporaneous objection to the judgment or findings in chancery, neither case is apposite. Stacks v. Jones, 323 Ark. 643, 916 S.W.2d 120 (1996) is a case from circuit court, and Moses v. Dautartas, 53 Ark. App. 242, 922 S.W.2d 345 (1996) does not address the issue.

We further note that the appellate opinion is in conflict with Morrow v. Morrow, 270 Ark. 31, 603 S.W.2d 431 (1980). In Morrow, we interpreted Ark. R. Civ. P. 46, and held that because appeals from chancery are reviewed de novo, there is no requirement of contemporaneous objections to the findings, conclusions, and decree of the court to obtain review on appeal. Id. For those reasons, we have concluded that the requirement for a contemporaneous objection is not applicable to this case, and Jones II is overruled on this point.

III. Standard of Review

When we grant a petition to review a case decided by the court of appeals, we review it as if it were originally filed in this court. Youngman v. State Farm Mut. Auto. Ins. Co., 334 Ark. 73, 971 S.W.2d 248 (1998); Williams v. State, 328 Ark. 487, 944 S.W.2d 822 (1997). All of the issues raised in the court below are before the appellate court for decision, and trial de novo on appeal in equity cases involves determination of fact questions as well as legal issues. Ferguson v. Green, 266 Ark. 556, 587 S.W.2d 18 (1979). We will uphold the chancellor’s decision unless it is clearly erroneous. Id.

IV Motion for Directed Verdict

The fundamental issue on appeal is whether the chancellor properly granted appellees’ Rule 50 motion to dismiss. It is well established that, in ruling on a motion for directed verdict, the trial court views the evidence most favorably to the non-moving party and gives that evidence its highest probative value, taking into account all reasonable inferences deducible from it. In determining whether to grant or deny a motion to dismiss, the chancellor must determine whether the evidence would be sufficient to present to a jury if the case were a jury trial. Swink v. Giffin, 333 Ark. 400, 970 S.W.2d 207 (1998).

The chancellor failed to use the proper standard in granting the motion to dismiss. Rather than using the “sufficient evidence” test for motions for directed verdict, he relied upon McDonald v. Petty, 254 Ark. 705, 496 S.W.2d 365 (1973).

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Bluebook (online)
15 S.W.3d 310, 341 Ark. 66, 2000 Ark. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-abraham-ark-2000.