Supreme Court of Arkansas
Kenny Quarles, as Special Administrator of the Estate of Bennie Jean Quarles, Deceased, and on — Danielson, J…
March 17, 20162016 Ark. LEXIS 98
Summary
The concurrence would have addressed whether laches barred Courtyard Gardens from asserting, after four years of litigation, that Bennie Jean Quarles lacked capacity to execute the power of attorney. It concludes that the delay was unreasonable and prejudicial because the Estate's claims became time-barred, but concurs in the result because summary judgment was also supported by the independent ground that the power of attorney was not properly acknowledged.