RYMOR BUILDERS, INC. v. TANGLEWOOD PLUMBING CO.

No. CA 06-1430.

265 S.W.3d 151 (2007)

RYMOR BUILDERS, INC., Appellant, v. TANGLEWOOD PLUMBING COMPANY, INC., Appellee.

Court of Appeals of Arkansas.

Rehearing Denied November 14, 2007.


Attorney(s) appearing for the Case

Frances Morris Finley, Little Rock, for Appellant.

Gail Owen Matthews, Little Rock, for Appellee.

Doralee Idleman Chandler, Little Rock, for Appellee.


D.P. MARSHALL JR., Judge.

This contract case asks two important procedural questions: in a bench trial, how should a circuit court evaluate a defendant's motion for dismissal after the plaintiff rests? And when must an appellant make its arguments on appeal for the appellate court to decide those arguments on the merits? Here, the circuit court erred by evaluating the witnesses' credibility prematurely. But the appellant waived this error because it failed to argue...

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