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C & W ASSET ACQUISITIONS v. WHITTINGTON

No. CA 04-820.

205 S.W.3d 157 (2005)

C & W ASSET ACQUISITION, LLC, Appellant v. Jimmy WHITTINGTON and Sandy Whittington, Appellees.

Court of Appeals of Arkansas, Division III.

March 9, 2005.

Attorney(s) appearing for the Case

Davis, Wright, Clark, Butt & Carithers, PLC, by: Mark W. Dossett, Fayetteville, for appellant.

Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., by: Curtis E. Hogue, Fay-etteville, for appellees.

JOHN B. ROBBINS, Judge.

Appellant C & W Asset Acquisition, LLC, appeals the entry of an order to pay attorney fees to appellee Jimmy D. Whittington as a "prevailing party" pursuant to Ark.Code Ann. § 16-22-308 (Repl.1999). We reverse the attorney-fee award.

This case began as a debt collection case in Washington County Circuit Court filed on September 10, 2003, against appellee Jimmy D. Whittington and appellee Sandy Whittington. Appellant sought...

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