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WINDSONG ENTERPRISES, INC. v. UPTON

No. 05-616.

233 S.W.3d 145 (2006)

WINDSONG ENTERPRISES, INC., Appellant, v. Richard UPTON, Appellee.

Supreme Court of Arkansas.

Rehearing Denied May 11, 2006.

Attorney(s) appearing for the Case

Belew & Bell, by: John Belew, Batesville; and Cross, Gunter, Witherspoon & Galchus, P.C., by: M. Stephen Bingham, Little Rock, AR, for appellant.

Stuart W. Hankins and A. Vaughan Hankins, North Little Rock, AR, for appellee.

ANNABELLE CLINTON IMBER, Justice.

Appellant Windsong Enterprises, Inc., ("Windsong") is a land developer. On July 10, 1997, Windsong purchased a tract of real property in Eden Isle Subdivision at a foreclosure sale in Cleburne County. The property known as Southwinds had previously been owned by Red Apple Enterprises Limited Partnership ("Red Apple Enterprises"), the owner of approximately 48% of the real estate in Eden Isle. Appellee Richard Upton resides in Eden...

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