KUTAIT v. ROARK

No. 91-117.

809 S.W.2d 371 (1991)

305 Ark. 538

Kemal KUTAIT and George Catsavis d/b/a K & C Properties, Appellants, v. James L. O'ROARK, Appellee.

Supreme Court of Arkansas.

May 28, 1991.


Attorney(s) appearing for the Case

Roy Gean, III, Fort Smith, for appellants.

Frank Booth, Van Buren, for appellee.


HOLT, Chief Justice.

This case involves an award of costs and damages, in the amount of $25,043.25, to the appellee, James O'Roark, as a result of the trespass upon his land and removal of shale, rock, and ground from his property by the appellants, Kemal Kutait and George Catsavis d/b/a K & C Properties (K & C).

On appeal, K & C contends that the trial court erred in allowing Mr. O'Roark to introduce evidence of damage beyond the difference of...

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