THOMAS v. POFF

No. CA 79-246.

597 S.W.2d 838 (1980)

Harold A. THOMAS and Rita M. Thomas, Appellants, v. Franklin A. POFF, d/b/a Poff Realty; Robert Shockley, d/b/a Shockley Realty; and Bob McDonald, Appellees.

Court of Appeals of Arkansas.

Rehearing Denied April 30, 1980.

Released for Publication April 30, 1980.


Attorney(s) appearing for the Case

J. Sky Tapp, Hot Springs, for appellants.

E. T. Smitherman and Lane, Muse, Arman & Pullen by Donald C. Pullen, Hot Springs, for appellees.


Released for Publication by the Court of Appeals April 30, 1980.

NEWBERN, Judge.

In this case we hold a summary judgment finding the appellants liable for a real estate commission was appropriate, there being no question of fact outstanding in view of deemed admissions by the appellants and unrebutted affidavits of the appellees as well as a lack of timely objection or opposition to the motion. A subsidiary holding is that matters are deemed admitted if responses...

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