BARNETT v. HOWARD

No. 04-720.

211 S.W.3d 490 (2005)

Tommy BARNETT, Laverne Barnett Drennan, Ruby Barnett Norman, Trustee of the Ruby Norman Revocable Trust, Jimmie D. Norman, Trustee of the Jimmie D. Norman Revocable Trust, and Earl C. Kirk, Jr., Trustee of the Earl Clifford Kirk, Jr. Revocable Trust, Appellants, v. Leonard HOWARD, Roy Sanchez, Bill Golla, Dick Finch, and Scott Crawford, Appellees.

Supreme Court of Arkansas.

June 30, 2005.


Attorney(s) appearing for the Case

Jack, Lyon & Jones, P.A., by: Eugene G. Sayre and Malcolm P. Bobo, Little Rock, for appellants.

Lightle, Raney, Bell & Simpson, LLP, by: Donald P. Raney, Searcy, for appellees.


JIM GUNTER, Justice.

Appellants, who are children and heirs of Elbert and Lura Barnett, appeal from two orders of the White County Circuit Court: (1) an order of June 2, 2004, denying appellants' petition for a writ of mandamus; and (2) an order of May 18, 2004, denying appellants' Rule 60 motion to vacate and set aside its earlier order dismissing the case for untimeliness. Both this case and a companion case, Barnett v. Howard, 363 Ark. 140,

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