Richardson v. Brown
2012 Ark. App. 535
| Ark. Ct. App. | 2012Background
- Patricia Brown died January 7, 2008; dispute among Richardson, Brown, and Little over assets intended to pass outside probate.
- Jim Brown sued Richardson in Faulkner County alleging Richardson sold a jointly titled Buick LeSabre without permission and kept the proceeds.
- Richardson, as executrix, counterclaimed that Brown knew of and consented to the sale and that proceeds were split with grandchildren; venue transfer was sought.
- Brown amended to add claims about jointly held Arvest accounts and an annuity; a second amended complaint added Sharon Little as a defendant and alleged a siblings’ agreement to divide funds.
- Bench trial July 12, 2011: court awarded Brown $33,828.38 plus postjudgment interest, allocating car proceeds and a one-third share of Arvest accounts and annuity; Brown had already received $16,666.66, resulting in an additional $18,025.80; Jackson Life annuity was allocated with a $6,738.32 additional amount.
- August 18, 2011 Brown sought attorney’s fees; September 14, 2011 court awarded $22,520.43 in fees and $728.60 costs; Richardson appealed four points, including venue, asset division, contract grounds, and fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue: whether trial court erred in denying transfer to Pulaski County | Richardson argues for transfer based on residence, events, witnesses, and records in Pulaski. | Brown contends venue grounds were not properly preserved and argues theory raised on appeal is new. | Merits not reached; venue argument not decided due to waiver/raising issues on appeal. |
| Car proceeds ownership | Richardson claims Brown agreed to divide car sale proceeds with grandchildren and disputed the amount Brown received. | Brown asserts he owned the car and is entitled to full proceeds; credibility of witnesses decides. | Court affirmed Brown’s entitlement to the car proceeds after weighing credibility; Richardson owed Brown amount. |
| Arvest accounts and Jackson Life annuity division | Richardson contends no express agreement to divide funds; joint accounts pass to survivor. | Brown asserts an express agreement to divide funds among siblings existed. | Court affirmed finding of express agreement to divide accounts/annuity; allocation to Brown and siblings sustained. |
| Attorney’s fees award | Richardson challenges the fee award as an error on appeal. | Brown argues the fee order is proper and arises from the judgment. | Court dismissed appeal on attorney’s fees for lack of jurisdiction due to failure to file a timely notice of appeal from the fee order. |
| Overall sufficiency of findings | Richardson challenges trial court’s factual conclusions on asset division and personal interactions. | Brown defends credibility determinations and contract-based divisions. | Court affirmed rulings on asset division and contracts; credibility determinations left to circuit court. |
Key Cases Cited
- Loewer v. Nat’l Bank of Ark., 311 Ark. 354, 844 S.W.2d 329 (1992) (venue objection may be waived by counterclaims)
- Ark. Game & Fish Comm’n v. Lindsey, 292 Ark. 314, 730 S.W.2d 474 (1987) (compulsory counterclaims do not waive venue objection)
- Pine Meadow Autoflex, LLC v. Taylor, 104 Ark.App. 262, 290 S.W.3d 626 (2009) (standard for reviewing circuit court findings of fact in bench trial)
- Murphy v. City of West Memphis, 352 Ark. 315, 101 S.W.3d 221 (2003) (credibility and weighing evidence in nonjury trial)
- Combs v. Stewart, 374 Ark. 409, 288 S.W.3d 574 (2008) (appellate deference to circuit court credibility determinations)
- Firstbank of Ark. v. Keeling, 312 Ark. 441, 850 S.W.2d 310 (1993) (testimony and credibility in contract/ownership disputes)
- Craig v. Carrigo, 353 Ark. 761, 121 S.W.3d 154 (2003) (collateral matters and appeal notice requirements for fee awards)