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HALON V, LLC v. TERMINELLA

No. CV-21-237.

664 S.W.3d 453 (2023)

2023 Ark. App. 193

HALON V, LLC, Appellant v. Thomas TERMINELLA a/k/a Tom Terminella; Monica Terminella; the Terminella Company, Inc.; Monica's Meadow, LLC; Wedington Mine, LLC; and Johnson Mine, LLC, Appellees.

Court of Appeals of Arkansas, DIVISION IV.

Rehearing Denied April 26, 2023.

Attorney(s) appearing for the Case

Ferguson Law Firm, PLLC, by: J. Brian Ferguson , for appellant.

Tim Snively , for separate appellee Thomas Terminella a/k/a Tom Terminella.

Everett Law Firm, Fayetteville, by: John Everett ; and Smith, Cohen & Horan, PLC, Fort Smith, by: Matthew T. Horan , for separate appellees Monica Terminella; The Terminella Company, Inc.; and Monica's Meadow, LLC.

Friday, Eldredge & Clark, LLP, by: Joshua C. Ashley , Little Rock and Kael K. Bowling , Rogers, for separate appellees Wedington Mine, LLC; and Johnson Mine, LLC.

Halon V, LLC ("Halon"), has filed this appeal from a Benton County Circuit Court order dismissing its first amended complaint against the appellees. Because the circuit court converted a motion to dismiss to a motion for summary judgment without giving the appellant a reasonable opportunity to meet proof with proof and...

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