2014 Ark. App. 130
Ark. Ct. App.2014Background
- Arkansas Court of Appeals affirmed a jury verdict awarding Wilson $18,650 in an eminent-domain action by the Arkansas State Highway Commission for Tracts No. 2, 6 and a temporary easement on Tract 2E1.
- Declaration of Taking deposited $27,850 into the circuit court registry; partial settlement resolved compensation for Tracts 2 and 2E1; Tract 6 was tried to a jury.
- Jury fixed just compensation at $18,650; judgment entered May 14, 2013.
- Wilson filed a motion for new trial on June 10, 2013; notice of appeal filed June 13, 2013, seeking review of the May 14 judgment; circuit court denied June 18, 2013.
- Wilson did not amend the notice of appeal to challenge the denial of the new-trial motion; trial challenged Bartlett’s proximity-study testimony was not preserved for review.
- Court ultimately held that Wilson’s unfair-surprise challenge was not preserved and that the new-trial-denial issue was not reviewable due to the lack of an amended notice of appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of the unfair-surprise challenge | Wilson | Bartlett's proximity-study testimony introduced without prior objection | Not preserved; failed to object and request a continuance as prerequisites |
| Appealability of new-trial denial | Wilson | Rule 4 extensions require amended notice to cover new trial denial | Precluded; no amended notice filed to challenge denial |
Key Cases Cited
- Jones Rigging & Heavy Hauling, Inc. v. Parker, 347 Ark. 628, 66 S.W.3d 599 (2002) (Ark. 2002) (pretrial-surprise review prerequisites: objection and continuance)
- Massengale v. Johnson, 269 Ark. 269, 599 S.W.2d 743 (1980) (Ark. 1980) (predecessor authority for review of surprise claims)
- Ark. Power & Light Co. v. Jennings, 258 Ark. 908, 529 S.W.2d 866 (1975) (Ark. 1975) (need for objection/continuance in surprises)
- Nat’l Cash Register Co. v. Holt, 193 Ark. 617, 101 S.W.2d 441 (1937) (Ark. 1937) (earlier rule on preservation of objections)
- Thorne v. Magness, 34 Ark. App. 39, 805 S.W.2d 95 (1991) (Ark. App. 1991) (affirming denial of new-trial where no continuance/objection)
- Edwards v Edwards, 2010 Ark. App. 227 (Ark. App. 2010) (court declined to address issue where no amended notice of appeal)