COPPOC v. MOELLER

No. CA 99-867.

13 S.W.3d 596 (2000)

69 Ark.App. 392

Loran E. COPPOC v. Mark MOELLER and David Moller.

Court of Appeals of Arkansas, Division IV.

March 29, 2000.


Attorney(s) appearing for the Case

Kenneth Breckenridge, L.L.C.,by: Kenneth Breckenridge, Hot Springs, for appellant.

Hargraves & McCrary, by: Michael S. McCrary, Hot Springs, for appellees.


JOSEPHINE LINKER HART, Judge.

Appellant, Loran E. Coppoc, appeals the chancery court's granting of summary judgment in favor of appellees, Mark Moeller and David Moeller, on appellees' suit seeking foreclosure of property on which appellant executed a mortgage in favor of appellees. Appellant contends that there remained a genuine issue of material fact: he executed the note and mortgage under duress. Because that affirmative defense was not raised in appellant's...

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