Arkansas Realtors Association, Appellant/cross-Appellee v. Real Forms, LLC, Appellee/cross-Appellant

Summary

The court affirmed the judgment rejecting Arkansas Realtors Association's challenge to the jury's breach-of-contract verdict because substantial evidence supported a finding that the Association materially breached the agreement by failing to provide required software and source code. It also upheld the refusal to give an impossibility instruction and declined to grant a limited remand concerning the motions in limine because the Association failed to demonstrate prejudice. The court reversed and remanded the denial of Real Forms' request for attorney fees and costs because the circuit court gave no explanation for that decision. Justice Baker concurred, agreeing with the result but would have relied on the Association's failure to comply with contractual termination procedures and avoided the software-delivery and impossibility issues.