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

Summary

The court affirmed the judgment rejecting the appellant’s challenge to the jury’s breach-of-contract verdict, concluding that substantial evidence supported a material breach and that the circuit court properly refused an impossibility instruction and declined to remand for an incomplete record on motions in limine. Because the circuit court gave no explanation for denying the prevailing party’s request for attorney’s fees and costs, the court reversed and remanded the cross-appeal for limited findings on that issue. Justice Baker, concurring, would have affirmed on evidence that the appellant failed to comply with the contract’s termination procedures without deciding whether the failure to provide the prior software was a waived breach or whether the impossibility instruction was warranted.