FOSTER v. WHITLOW

No. CA 81-277.

630 S.W.2d 559 (1982)

Thomas R. FOSTER and Frances J. Foster, Appellants, v. Leon WHITLOW, Appellee.

Court of Appeals of Arkansas.

March 31, 1982.


Attorney(s) appearing for the Case

Charles R. White, Little Rock, for appellants.

Gibbs & Hickam, P. A., Gary R. Gibbs and D. Scott Hickam, Hot Springs, for appellee.


GLAZE, Judge.

The decisive issue in this appeal concerns whether the trial court erred by proceeding to trial of this cause before appellants' twenty days expired within which they had to respond to a counterclaim filed by appellee. The facts underlying this legal issue are not disputed.

On April 21, 1981, appellants filed a specific performance suit against appellee, alleging he should be directed to deliver a warranty deed to property sold to appellants...

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