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BANK OF EUREKA SPRINGS v. EVANS

No. 02-623.

109 S.W.3d 672 (2003)

The BANK OF EUREKA SPRINGS and John Cross v. Floyd Carroll EVANS.

Supreme Court of Arkansas.

June 5, 2003.

Attorney(s) appearing for the Case

Bassett Law Firm; Davis, Wright, Clark, Butt & Carithers, by: Curtis L. Nebben, Fayetteville, for appellants.

Everett Law Firm, by: John C. Everett; and Mason Law Firm, by: George Chaddwick Mason, Fayetteville, for appellee.

Allen W. Bird II, Little Rock, for amicus curiae Arkansas Bankers Association.

John J. Gill, John J. Byrne, Michael F. Crotty, and Allen W. Bird II, Little Rock, for amicus curiae American Bankers' Association.

Robert Rowe and Quattlebaum, Grooms, Tull & Burrow, by: Leon Holmes, Little Rock, for amicus curiae Independent Community Bankers of America.

Quattlebaum, Grooms, Tull & Burrow, by: Leon Holmes, Little Rock, for amicus curiae Arkansas Community Bankers Association.

Candace Franks, Deputy Bank Commissioner & Legal Counsel, Little Rock, for amicus curiae Arkansas State Bank Department.

Kathleen V. Gunning, Counsel, Federal Deposit Insurance Corporation, and Earl Fletcher Jackson, U.S. Attorney's Office, Little Rock, for amicus curiae Federal Deposit Insurance Corporation.

W.H. "DUB" ARNOLD, Chief Justice.

In this appeal, appellants The Bank of Eureka Springs and John Cross (referred to hereafter as the Bank) seek to reverse the decision of a Carroll County jury holding the Bank liable for the malicious prosecution of appellee Floyd Carroll Evans. Appellants argue that they are entitled to a dismissal, either because the circuit court erred in holding that their actions were not protected by the "safe harbor" provision of the Annunzio...

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