Screeton v. ASCO Vending, Inc.

374 S.W.3d 749, 2010 Ark. App. 230, 2010 Ark. App. LEXIS 236
CourtCourt of Appeals of Arkansas
DecidedMarch 10, 2010
DocketNo. CA 09-492
StatusPublished

This text of 374 S.W.3d 749 (Screeton v. ASCO Vending, 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
Screeton v. ASCO Vending, Inc., 374 S.W.3d 749, 2010 Ark. App. 230, 2010 Ark. App. LEXIS 236 (Ark. Ct. App. 2010).

Opinions

ROBERT J. GLADWIN, Judge.

|)Appellant Maureen Screeton appeals the February 6, 2009 Pulaski County Circuit Court’s order granting appellees ASCO Vending, Inc., Gerald Scott, and Cynthia Scott summary judgment on their declaratory-judgment action. She claims on appeal that (1) the motion for summary judgment was not timely filed; (2) the extension agreements were invalid for lack of consideration; (3) collection of the promissory notes was not barred by laches or the expiration of any statute of limitations; (4) the parol-evidence rule was inapplicable to the calculation of the amount owed to her; (5) the evidence was insufficient to prove a novation; (6) the award of attorney’s fees was not authorized by law or supported by evidence. We affirm.

12Statement of Facts

Appellant and her then husband Mr. Arnold sold their business and the real property where it operated to appellees in 1990. Appellees signed five promissory notes. One of those notes was paid, and in 1997, the parties executed extension agreements to reduce the interest rate and the monthly payments of each of the remaining four notes. Appellees also claim that the extension agreements extended the payments, giving the Arnolds an extended time to receive income on the notes. The principal balances reflected by the original amortization schedules were posted to the extension agreements. The Arnolds’ accountant was instrumental in preparing the extension agreements. Both the accountant and Mr. Arnold are now deceased.

When appellees sold one parcel of the real property, they asked appellant to release her mortgage in exchange for payment of the amount as reflected on the extension agreement. When she refused, they placed the money in escrow and filed a declaratory-judgment action seeking a declaration that the amounts of the principal balances on each note as stated in the relevant extension agreements and ratified by all parties were correct and that they be awarded attorney’s fees. Appellant counterclaimed, alleging that she had not intended to release any portion of the indebtedness or accumulated interest when the extension agreements were signed in 1996. She claims there were errors in the extension agreements that were either mutual mistake or the fault of appellees. She claimed that the balances in the extension agreements were not properly calculated. She counterclaimed for breach of the agreement, claiming she was owed $128,817.67.

| ..¡Appellees filed a motion for summary judgment on November 12, 2008, asking that the extension agreements be enforced and that the trial court find that appellant is barred by the statute of limitations, doctrine of laches, and the parol-evidence rule from disputing the agreed-upon terms of the extension agreements signed December 1,1996.

The trial court granted summary judgment by order filed February 6, 2009, finding that

[t]he Defendant [appellant] failed to controvert that the outstanding principal balance of each of the four promissory notes as was set forth in an unambiguous manner in each of the four Extension Agreements dated Dec. 1, 1996, and failed to controvert that the Defendant [appellant] and her deceased spouse executed said Extension Agreements at that time.... The Defendant failed to controvert these facts and pursuant to the parol-evidence rule evidence cannot introduce parol evidence [sic] to change or alter a contract in writing. Lane v. Pfeiffer [Pfeifer], 262 [264] Ark. 162, 568 S.W.2d 212 (1978). There is substantive rule of law rather than a rule of evidence that a written agreement itself is the best evidence of then intention of the parties. Therefore, based on uncontro-verted facts the outstanding principal balance of each note as of Dec. 1,1996 is set forth in each of the Extension Agreements ... [those figures] cannot be altered by parol evidence.

The trial court further awarded appellees $5,000 in attorney’s fees. From the trial court’s order, this appeal timely followed.

Standard, of Review

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. Gonzales v. City of DeWitt, 357 Ark. 10, 159 S.W.3d 298 (2004). On appellate review, we must determine whether summary judgment was proper based on whether the evidence presented by the moving party left a material fact unanswered. Windsong Enters., Inc. v. Upton, 366 Ark. 23, 233 S.W.3d 145 (2006). This court views the evidence in 14the light most favorable to the party against whom the motion was filed, resolving all doubts and inferences against the moving party. Cole v. Laws, 349 Ark. 177, 76 S.W.3d 878, cert. denied, 537 U.S. 1003, 123 S.Ct. 509, 154 L.Ed.2d 400 (2002). Where there are no disputed material facts, our review must focus on the trial court’s application of the law to those undisputed facts. Parker v. S. Farm Bureau Cas. Ins. Co., 104 Ark. App. 301, 292 S.W.3d 311 (2009). When the facts are not at issue but possible inferences therefrom are, we will consider whether those inferences can be reasonably drawn from the undisputed facts and whether reasonable minds might differ on those hypotheses. Flentje v. First Nat’l Bank of Wynne, 340 Ark. 563, 11 S.W.3d 531 (2000).

Discussion

Consideration, Laches, and Novation

Appellant failed to obtain a ruling on three of her six points on appeal. Because appellant did not obtain a ruling on the points related to consideration, laches, and novation, we are precluded from considering them on appeal. See Bomar v. Moser, 369 Ark. 123, 251 S.W.3d 234 (2007).

Timeliness of Summary Judgment Motion

Appellant argues that appellees violated Arkansas Rule of Civil Procedure 56(a) (2009) because they failed to obtain leave of court to file a motion for summary judgment within forty-five days of the scheduled trial date. When this was pointed out to the trial court, it ruled that by scheduling a hearing on the motion, leave had been granted. Appellant admits that a reversal on procedural grounds would accomplish nothing, but seeks “guidance from this court” to clarify future interpretation of Rule 56, arguing that permission prior to filing |fithe motion should be obtained pursuant to the Rule. This court does not issue advisory opinions, Yu v. Metro. Fire Extinguisher Co., 94 Ark.App. 317, 230 S.W.3d 299 (2006); and, therefore, we decline to address this issue.

Parol Evidence

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Gonzales v. City of DeWitt
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Bluebook (online)
374 S.W.3d 749, 2010 Ark. App. 230, 2010 Ark. App. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/screeton-v-asco-vending-inc-arkctapp-2010.