LAWYERS SUR. CO. v. CAGLE

No. CA 94-450.

898 S.W.2d 476 (1995)

49 Ark.App. 131

LAWYERS SURETY COMPANY, Appellant, v. Juanita Phillips CAGLE, Appellee.

Court of Appeals of Arkansas, Division I.

May 24, 1995.


Attorney(s) appearing for the Case

W. Ray Nickle, Jonesboro, for appellant.

Murrey L. Grider, Pocahontas, for appellee.


ROBBINS, Judge.

Lawyers Surety Company has appealed from an order of the Lawrence County Circuit Court dismissing its complaint against appellee, Juanita Phillips Cagle, on the ground that the issues involved should have been litigated by counterclaim or cross-claim in an earlier probate action. We reverse the circuit judge's order and remand this case for trial.

Ms. Cagle was a guardian for the estate of a minor. When appellee presented her final accounting...

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