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MARX REAL ESTATE INVESTMENTS, LLC v. COLOSO

No. CA 09-1363.

384 S.W.3d 595 (2011)

2011 Ark. App. 426

MARX REAL ESTATE INVESTMENTS, LLC; Margie Marx; and Allan Marx, Appellants/Cross-Appellees v. Dr. Victor COLOSO and Regina Coloso, Appellees/Cross-Appellants Envision Real Estate Group, LLC, Cross-Appellee.

Court of Appeals of Arkansas.

June 15, 2011.

Attorney(s) appearing for the Case

Matthew Richard House, Little Rock, Jason Trevor Browning and Emily Milholen Reynolds, Fort Smith, for appellants.

Glenn Eugene Kelley, Rogers, for appellees.

LARRY D. VAUGHT, Chief Judge.

This appeal involves questions of the election of remedies and the right to a jury trial. After discharging the jury, the Sebastian County Circuit Court found that it could not rescind the real estate contract between appellants Marx Real Estate Investments, LLC (MREI), Margie Marx, and Allan Marx (collectively with MREI, the Marx defendants), and appellees Dr. Victor Coloso and Regina Coloso, but it awarded the Colosos approximately...

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