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LEVITT v. TODAY'S BANK

No. CV-21-464.

653 S.W.3d 501 (2022)

2022 Ark. App. 343

Jacob LEVITT and Paige Levitt, Appellants, v. TODAY'S BANK, an Arkansas Banking Corporation; State of Arkansas ex rel. Department of Finance and Administration; First Security Bank; Moore's Retread & Tire Company, Inc.; Larry Walls; Crystal Howerton, LLC; and Timber Ridge Subdivision Property Owners' Association, Inc., Appellees.

Court of Appeals of Arkansas, DIVISION IV.

Opinion Delivered September 21, 2022.

Attorney(s) appearing for the Case

The Law Offices of Watson and Watson, PLLC, Fayetteville, by: Tim Watson Jr. , for appellants.

Williams Law Firm of Arkansas, Gentry, by: D. Joel Kurtz and Jay B. Williams , for separate appellee Today's Bank, an Arkansas Banking Corporation.

Paige and Jacob Levitt appeal a Washington County Circuit Court order granting summary judgment in favor of Today's Bank in a foreclosure action. Jacob and Paige appeal, arguing that there are genuine issues of material fact as to their defenses of duress and prevention of performance sufficient to defeat summary judgment...

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