HANEY v. PHILLIPS

No. CA 00-365.

35 S.W.3d 373 (2000)

72 Ark.App. 202

Russell D. HANEY v. William PHILLIPS.

Court of Appeals of Arkansas, Division II.

December 20, 2000.


Attorney(s) appearing for the Case

The Madden Law Firm, by John M. Holstine, Little Rock, for appellant.

W. Michael Powell, Sherwood, for appellee.


JOHN E. JENNINGS, Judge.

This is an appeal from an order dismissing appellant's complaint to foreclose a mortgage. For reversal, appellant contends that the trial court erred in ruling that he had made an election of remedies because he had previously obtained a personal judgment on the underlying debt and that the trial court erred in ruling that the discharge of the debt in bankruptcy barred him from proceeding in foreclosure. We agree with both arguments and reverse...

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