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CARMICAL v. CITY OF BEEBE

No. 93-989.

871 S.W.2d 386 (1994)

316 Ark. 208

Marvin V. CARMICAL and Margaret E. Carmical, Appellants, v. CITY OF BEEBE, Arkansas; Roy E. Simmons, Former Mayor of the City of Beebe, Individually and in his Former Official Capacity; Jessie R. Lay, Individually and in his Former Official Capacity as Code Enforcement Officer of the City of Beebe, Arkansas; Robert W. Herman; Orval Devore; Mary Jane Chudomelka; Eugene McQueen; Bobby Burns, Individually and in their Official Capacity as Members and Former Members of the Beebe Planning Commission and Board of Adjustment, Appellees.

Supreme Court of Arkansas.

March 7, 1994.

Attorney(s) appearing for the Case

Rhonda K. Slayden, Little Rock, for appellants.

Richard B. Berry, Beebe, for appellees.

HAYS, Justice.

Appellants, Margaret and Marvin Carmical, challenge actions of the White County Circuit Court in dismissing their complaint based on grounds of res judicata and statute of limitations. This is the second time they have appealed to this court, therefore we have jurisdiction pursuant to Rule 1-2(a)(11). We dismissed the first appeal because counterclaims were still pending in the trial court and there was not an appealable order pursuant to ARCP Rule...

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