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CARLSON v. KELSO DRAFTING AND DESIGN, INC.

No. CA 08-1327.

374 S.W.3d 726 (2010)

2010 Ark. App. 205

Bill CARLSON and Jane Carlson, Appellants v. KELSO DRAFTING AND DESIGN, INC., d/b/a The Kelso Firm, et al., Appellees.

Court of Appeals of Arkansas.

March 3, 2010.

Attorney(s) appearing for the Case

William Palma Rainey, Marion, Christopher Aaron Averitt, Scholtens & Averitt, PLC, Jonesboro, for Appellant.

John Carter Farley, Little Rock, Rick Allen Behring, Jr., Little Rock, Ernest Eudox Patterson, Hot Springs, for Appellee.

JOHN MAUZY PITTMAN, Judge.

This is an appeal from an order of dismissal based on the trial court's conclusion that appellants' action was time-barred by Ark.Code Ann. section 16-56-112(a) (Repl.2005). Appellants argue that the trial court erred in dismissing their action because there was a genuine issue of material fact. In addition, they ask us to judicially modify the statute to create an exception in cases such as theirs. We affirm.

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