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WARREN v. KELSO

No. 98-1540.

3 S.W.3d 302 (1999)

339 Ark. 70

William S. WARREN, Jr., and Rebecca K. Warren v. Douglas Wayne KELSO d/b/a The Kelso Firm; Burney Whitfield and Meyers Realty Company; and John W. Jacobs and Shirley Jacobs.

Supreme Court of Arkansas.

October 28, 1999.

Attorney(s) appearing for the Case

Brown, Schwander, Greene & Sloan, P.L.C., by: L. Howard Schwander, III, Little Rock, for appellants.

D. Scott Hickam; Don M. Schnipper; and Richard H. Wooton, Hot Springs, for appellees.

ROBERT L. BROWN, Justice.

Appellants William S. Warren and Rebecca K. Warren appeal the taxing of certain costs by the trial court pursuant to Ark. R. Civ. P. 41(d), after the Warrens exercised their right to take a voluntary dismissal under Ark. R. Civ. P. 41(a), and then filed a second action involving the same parties and the same causes of action. Specifically, the Warrens contend that the second action was not vexatious or based on improper motives. They, additionally...

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