UNITED-BILT HOMES, INC. v. SAMPSON

No. 93-384.

864 S.W.2d 861 (1993)

315 Ark. 156

UNITED-BILT HOMES, INCORPORATED, Appellant, v. Charles SAMPSON, Appellee.

Supreme Court of Arkansas.

November 15, 1993.


Attorney(s) appearing for the Case

C. Alan Gauldin, Springdale, for appellant.

Mike Wilson, Jacksonville, for appellee.


CORBIN, Justice.

Appellant, United-Bilt Homes, Incorporated, appeals a judgment of the Pulaski Chancery Court finding that appellant's complaint for foreclosure against appellee, Charles Sampson, was a compulsory counterclaim that should have been filed in a previous suit between the same parties. For reversal appellant relies on ARCP Rule 13(a) and (d) and asserts two points of error. We find merit to the first point of error and therefore reverse and remand.

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