ARKANSAS STATE HIGHWAY COM'N. v. JOHNS

No. 90-82.

789 S.W.2d 450 (1990)

302 Ark. 291

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Robert V. JOHNS, et al., Appellees.

Supreme Court of Arkansas.

May 14, 1990.


Attorney(s) appearing for the Case

Robert L. Wilson, Philip N. Gowen, Charles Johnson, Little Rock, for appellant.

Judson C. Kidd, Dan Boland, Little Rock, for appellees.


NEWBERN, Justice.

In this condemnation action, the trial court set aside its judgment based on a jury verdict and ordered a new trial. The Arkansas State Highway Commission appeals from the decision. The new trial was granted because a mortgagee of the condemned land, Pulaski Bank and Trust Co. (Pulaski Bank), was not named in the original pleadings as a party to the action until after a jury verdict. We reverse because we find Pulaski Bank waived its right to object...

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