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CITY OF FT. SMITH v. CARTER

No. 07-220.

270 S.W.3d 822 (2008)

CITY OF FORT SMITH, Arkansas, Appellant, v. J.D. CARTER, Mary Lois Carter, Lee Hackler, and Patricia Hackler, Appellees.

Supreme Court of Arkansas.

January 10, 2008.

Attorney(s) appearing for the Case

Daily & Woods, P.L.L.C., by Robert R. Briggs, Fayetteville, for appellant.

Bagby Law Firm, P.A., by Philip A. Bagby, Van Buren, for appellees.

ANNABELLE CLINTON IMBER, Justice.

The instant appeal arises out of a dispute as to whether a circuit court can award attorney's fees to a mortgagee of condemned property taken by eminent domain, under Arkansas Code Annotated § 18-15-605(b) (Repl.2003). Two years ago, we heard a previous appeal of the same matter in City of Fort Smith v. Carter, 364 Ark. 100, 216 S.W.3d 594 (2005). Upon remand, the circuit court ordered...

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