Supreme Court of Arkansas

National Bank of Arkansas v. River Crossing Partners, LLC, and Robert Aguiar

November 10, 20112011 Ark. LEXIS 557

Summary

The court held that the circuit court improperly submitted foreclosure, security-agreement, and fraudulent-transfer issues to the jury because those claims are equitable and historically must be decided by the judge. It reversed and remanded the direct appeal without reaching NBA's remaining evidentiary and post-trial arguments. The court affirmed the directed verdict against Robert on his abuse-of-process claim because he failed to show an ulterior purpose or improper act by NBA.