Lee v. Bolan

374 S.W.3d 718, 2010 Ark. App. 209, 2010 Ark. App. LEXIS 189
CourtCourt of Appeals of Arkansas
DecidedMarch 3, 2010
DocketNo. CA 09-968
StatusPublished
Cited by4 cases

This text of 374 S.W.3d 718 (Lee v. Bolan) 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
Lee v. Bolan, 374 S.W.3d 718, 2010 Ark. App. 209, 2010 Ark. App. LEXIS 189 (Ark. Ct. App. 2010).

Opinion

ROBERT J. GLADWIN, Judge.

| Appellants Lloyd Lee and the Estate of Mark Medlock appeal the order entered by the Pulaski County Circuit Court on July 3, 2007, granting appellees’ motion for partial summary judgment and the subsequent order entered on May 7, 2009, granting appellees’ motion against all parties as to any and all remaining claims. On appeal, appellants argue that the circuit court erred by granting summary judgment because genuine issues of material fact exist. We affirm.

Facts

On or about September 5,1996, Bolán & Lee, PLC, entered into a purchase agreement with Bob Bolán, Inc., for the purchase of Robert M. Bolan’s accounting firm. The thirty-plus page agreement included various payment provisions for equipment, software, ^client files, and Bo-lan’s services, among other things. Paragraphs six and seven set out payment terms upon the sale of the business to a third party or upon a lump-sum payment to the seller, respectively, by appellants.

Paragraph eight of the purchase agreement set out a requirement that Lee and Medlock take out and maintain a life-insurance policy in their names to secure the purchase of the business, with Bolán listed as the sole beneficiary. The policy was required to have an initial value of $600,000 in the first year of the contract, with the value to decrease in value by $40,000 each year thereafter.

Medlock died on or about June 10, 2003. Sometime in July 2003, the company that issued the life insurance policy set forth in paragraph eight of the purchase agreement paid the policy proceeds, valued at that time at $440,000, to Bolán, personally. As of that date, paragraph seven’s lump-sum purchase provision provided for a total payment of $293,007.48 to Bolán as full satisfaction of the contract. Because of the discrepancy in the amounts due under paragraphs seven and eight, Lee and Med-lock’s estate sued Bolán for the $143,993 difference, alleging that they, personally, were entitled to certain proceeds from the insurance policy at issue. A myriad of pleadings followed, including the addition of various parties. Bolán died on February 16, 2006, and the circuit court subsequently substituted Brett Bolán in his capacity as executor of the estate of Bolán in place of Bolán.

On or about October 31, 2006, Bolán filed a motion for partial summary judgment, to which appellants responded on or about January 19, 2007. The response included an|3affidavit from Lee attempting to construe the purchase agreement. Ap-pellees filed a reply on January 31, 2007, stating that the affidavit should not be admitted as it was a violation of the parol-evidence rule. Also on October 31, 2006, Bolán filed a counterclaim for an accounting and damages.

Appellants filed another amended complaint on or about January 19, 2007, that added two new defendants, Susan K. Bo-lán, Bolan’s sister, and S.O. Bryant Company, LLC d/b/a Cool Timber Mobile Home Park and Legion Hut Mobile Home Park, a business Bolán owned with his sister. The second amended complaint alleged that these two new defendants were engaged with Bolán in the fraudulent conveyance of the insurance proceeds at issue in this case because, prior to his death, Bolán transferred the life-insurance proceeds to S.O. Bryant Company, LLC, despite the pending lawsuit over those funds.

Susan Bolán and S.O. Bryant Company, LLC filed a motion to dismiss on or about February 6, 2007, and Bolán filed an answer to the second amended complaint and a motion for partial summary judgment— claiming that the purchase agreement clearly and unambiguously provided for payment to him of the entire $440,000, on the same date. The circuit court held a hearing on the motion for partial summary judgment on or about June 14, 2007, and by letter dated June 15, 2007, the circuit court ruled in favor of appellees. On or about July 3, 2007, the circuit court entered an order granting appellees’ motion for partial summary judgment.

Appellants subsequently filed two separate notices of appeal, and docketed two separate |4appeals with this court: Lloyd Lee and Estate of Mark Medlock v. Robert Bolan, Susan Bolan, and S.O. Bryant Company, LLC, No. CA08-683; and Lloyd Lee and Estate of Mark Medlock v. Robert Bolan, Susan Bolan, and S.O. Bryant Company, LLC, No. CA08-684. The two appeals were later consolidated at appellants’ request. Also, at appellants’ request, the consolidated appeal was dismissed for lack of a final order and remanded for further proceedings on December 10, 2008.

On remand, the parties filed additional pleadings, and on or about May 7, 2009, the circuit court entered an order granting the remaining appellees’ motion for judgment as a matter of law against all parties as to any and all remaining claims. The order was granted without a hearing, as no hearing was requested. On or about June 4, 2009, appellants filed a notice of appeal naming Robert M. Bolán, Susan K. Bolán, and S.O. Bryant Company, LLC, as the party defendants. Although no notice of appeal was filed by Lee & Medlock, PLC, the successor in interest to Bolán & Lee, PLC, the original contracting purchaser, and Bob Bolán, Inc., was never named in any notice of appeal as a party against whom the appeal had been lodged, although that entity was the original seller, we hold that for purposes of this appeal, the proper parties are before the court. This appeal followed.

Standard of Review

The standard of review for summary-judgment cases is clear:

Summary judgment is to be granted by a trial court only when it is clear that there are no genuine issues of material fact to be litigated and the moving party is entitled to judgment as a matter of law. Once a moving party has established a prima facie entitlement to summary judgment, the opposing „ party must meet proof with proof and ^[¿demonstrate the existence of a material issue of fact. After reviewing undisputed facts, summary judgment should be denied if, under the evidence, reasonable minds might reach different conclusions from those undisputed facts. On appeal, we determine if summary judgment was appropriate based on whether the evi-dentiary items presented by the moving party in support of its motion leave a material question of fact unanswered. This court views the evidence in a light most favorable to the party against whom the motion was filed, resolving all doubts and inferences against the moving party.

Jackson v. Sparks Reg’l Med. Ctr., 375 Ark. 533, 539, 294 S.W.3d 1, 4-5 (2009). Additionally, this court may not engage in a “sufficiency of the evidence” determination in summary judgment cases. Wallace v. Broyles, 331 Ark. 58, 961 S.W.2d 712 (1998).

Even when there is no material dispute as to the facts, summary judgment is not proper “where evidence, although in no material dispute as to actuality, reveals aspects from which inconsistent hypotheses might be drawn and reasonable minds might differ.” Thomas v. Sessions, 307 Ark. 203, 208, 818 S.W.2d 940, 943 (1991). The court must determine whether “reasonable minds” could draw “reasonable” inconsistent hypotheses to render summary judgment inappropriate. Flentje v. First Nat’l Bank of Wynne, 340 Ark.

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Cite This Page — Counsel Stack

Bluebook (online)
374 S.W.3d 718, 2010 Ark. App. 209, 2010 Ark. App. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-bolan-arkctapp-2010.