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CHASE BANK U.S.A., N.A. v. DYKE, HENRY, GOLDSHOLL & WINZERLING, P.L.C.

No. 11-900.

2013 Ark. 129

CHASE BANK U.S.A., N.A. APPELLANT, v. DYKE, HENRY, GOLDSHOLL & WINZERLING, P.L.C.; REGIONS BANK, N.A.; WANDA JEAN STEPHENS; THE STEPHENS FAMILY LIMITED PARTNERSHIP; RACHEL STEPHENS, MINOR, KATHRYN STEPHENS, ALEX STEPHENS, JENNIFER STEPHENS, MINOR, JOSHUA STEPHENS, MINOR, AND GREG STEPHENS, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF ABOVE MOVANTS WHO ARE MINORS APPELLEES.

Supreme Court of Arkansas.

Opinion Delivered March 28, 2013.

CONCURRING OPINION

PAUL E. DANIELSON, Justice.

I respectfully concur, as it is my opinion that the circuit court erred as a matter of law when it did not determine the priority of each party's interest in accord with Arkansas Code Annotated § 18-50-109 (Repl. 2003) and because I believe that factual issues remain in dispute. I therefore would reverse and remand on each of Chase's points on appeal. Specifically, I would reverse and remand the circuit...

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