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TRI-EAGLE ENTERPRISES v. REGIONS BANK

No. CA 09-271.

373 S.W.3d 399 (2010)

2010 Ark. App. 64

TRI-EAGLE ENTERPRISES, Dewalt Acceptance, Inc., Randall Blythe, and Greta Blythe, Appellants v. REGIONS BANK, Appellee.

Court of Appeals of Arkansas.

Rehearing Denied March 30, 2010.

Attorney(s) appearing for the Case

Law Offices of James F. Swindoll, Little Rock, by: James F. Swindoll , for appellant.

Thompson and Llewellyn, P.A., Fort Smith, by: William P. Thompson ; and Friday, Eldredge & Clark, LLP, Little Rock, by: Robert S. Shafer and William A. Waddell, Jr. , for appellee.

M. MICHAEL KINARD, Judge.

This appeal involves a controversy over an interest-rate clause in a financing agreement executed by Tri-Eagle Enterprises and Regions Bank. The circuit court ruled that the agreement provided for a fixed-interest rate as a matter of law. Tri-Eagle and its owners and guarantors argue that the court erred in that ruling and in excluding the testimony of Tri-Eagle's expert witnesses. We reverse and remand on both points.

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