FIRST NAT. BANK OF DEWITT v. CRUTHIS

No. 02-610.

100 S.W.3d 703 (2003)

FIRST NATIONAL BANK OF DeWITT, v. William Claude "Bill" CRUTHIS, Jr. and Terry Cruthis, d/b/a Cruthis Brothers.

Supreme Court of Arkansas.

March 13, 2003.


Attorney(s) appearing for the Case

Russell D. Berry and Bradley A. Chambless, DeWitt, for appellant.

T. David Carruth, Clarendon, for appellee.


RAY THORNTON, Justice.

Appellant, First National Bank of DeWitt ("Bank"), appeals the trial court decision in favor of appellees, William Cruthis and Terry Cruthis, d/b/a Cruthis Brothers, refusing to grant its motion to dismiss based on Rules 12 and 13 of the Arkansas Rules of Civil Procedure. We hold that the action was a compulsory counterclaim and must have been brought as such. Accordingly, we reverse and dismiss.

The Bank financed the Cruthises' farming...

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