[DOWNLOAD] "Clark v. Farmers Exchange" by Supreme Court of Arkansas * eBook PDF Kindle ePub Free

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eBook details

• Title: Clark v. Farmers Exchange
• Author : Supreme Court of Arkansas
• Release Date : January 29, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This case concerns an action under the Arkansas Civil Rights Act. Appellant Diane Clark asserts the circuit court erred when it denied her postjudgment motion to transfer her action to chancery court for assessment of additional damages in equity. 1 Clark selected the circuit court as her forum and tried her case to a jury, which she asked to determine liability and damages. She made no attempt to transfer the case to chancery until after she had proceeded to final judgment in the case. If the courts had concurrent jurisdiction, Clark would have had the right to apply to either. When she made the choice of circuit court, as she clearly did by trying the case to completion there, she selected the forum, and a decision of the circuit court is binding on her and is res judicata. The denial of the postjudgment motion to transfer to chancery was not error. Cross-Appellant Farmers Exchange, Inc. (the Exchange) alleges the jury verdict must fail because it is not supported by substantial evidence. Significant evidence was presented by both sides as to what occurred. The jury was left to decide who was telling the truth, and the jury awarded Clark $12,600. The evidence apparently believed by the jury proves the facts beyond suspicion or conjecture and is sufficient to compel a conclusion one way or the other. The jury verdict is supported by substantial evidence. We affirm.

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