Attorney Donald Kennedy Campbell III's Legal Cases

Real estate

FIVE FORKS HUNTING CLUB, LLC v. NIXON FAMILY PARTNERSHIP, 2019 Ark. App. 371

Sep 11, 2019

OUTCOME: Nixon prevailed and retained prescriptive easement.

Nixon Family Partnership, and its predecessors in title, owned land for more than 40 years using a road way across land owned by Five Forks Hunting Club (and its predecessors in title) during dry seaso ... n and using a drainage ditch as easement access during wet and flooding periods of the year. Five Forks attempted to block the prescriptive easement. Our firm represented Nixon Family Partnership and we filed suit. The Trial Court found we proved the ditch was a prescriptive easement during the wet seasons and awarded the Partnership an designate easement across the Five Forks land. Bret Watson wrote the appellate brief and argued the case before the Arkansas Supreme Court. Case of first impression on prescriptive easement using boast during wet season and adjacent roadway during dry season. Arkansas does not recognize "specialty" practice in real estate.

Divorce and separation

Watkins vs. Watkins, 2012 Ark. App. 27 (January 4, 2012)

Jan 04, 2012

OUTCOME: Client's case remanded to trial court as requested

Client appealed Marital and Non-Marital property division. The Arkansas Court of Appeals remanded the case to the circuit court for the purpose of having the court give a more comprehensive explanatio ... n of why it divided the parties' marital property unequally

Consumer protection

Gibbs vs. PrimeLending, A Plains Capital Company, 2011 Ark. 255 (June 16, 2011)

Jun 16, 2011

OUTCOME: In case of first impression, the Supreme Court ruled in my clients favor and found that lawsuit was properly filed

Case of first Impression on In Personam Jurisdiction in Arkansas under Arkansas Long Arm Statute based in part on conspiracy theory against nonresident defendants and the question was could these peopl ... e be sued in Arkansas. Case reviewed in 65 Arkansas Law Review 723 (2012)

Child support

Mixon vs. Mixon, 65 Ark. App. 240, 987 S.W.2d 284, 1999

Mar 03, 1999

OUTCOME: Court ruled in my client's favor and reduced arrearage owed

Child Support arrearage dispute arose when 1 child turned 18 years old. Issue was did the child support automatically terminate once child turned 18 years old and was not in school or did arrearage co ... ntinue to grow at old rate.

Banking

Boatmen's National Bank vs. Cole, 329 Ark. 209, 947 S.W.2d 362, 1997

Jun 23, 1997

OUTCOME: Court found in favor of client and said suit properly file in correct county

Lawsuit filed when employee stole money from employer and employer sued bank because it should have known employee opened forged bank account due to long term banking relationship. Bank objected to be ... ing sued in Saline County where client operated its business

Commercial real estate

Budget Tire & Supply Co. vs. First National Bank, et al., 51 Ark. App. 188, 912 S.W.2d 938, 1995

Dec 20, 1995

OUTCOME: Court ruled in client's favor

Appeal not filed in time and case was dismissed because other side failed to appeal on time because they lost the case at trial.

Personal injury

Ware vs. Gardner, 309 Ark. 148, 827 S.W.2d 657, 1992

Apr 13, 1992

OUTCOME: Lawsuit against my client was dismissed for good

Case involved a injury claim where Plaintiff dismissed the case once and the case was dismissed by the court a second time. The Plaintiff failed to get case reinstated in time and my client was able t ... o get case dismissed.

Insurance

Daves vs. Hartford Accident & Indemnity Co., 302 Ark. 242, 788 S.W.2d 733, 1990

May 14, 1990

OUTCOME: Hartford won the appeal

Suit by Hartford Insurance Company to enforce its statutory lien for money paid to its insured who was injured by Daves. Daves insurance company paid the injured party but did not want to pay Hartford ... .

Criminal defense

Glover vs. State, 287 Ark. 19, 695 S.W.2d 829, 1985

Sep 23, 1985

OUTCOME: All charges against my client were dismissed

My client was not brought to trial within the time provided by law. The Court refused to dismiss the case. I appealed the Court's ruling and obtained an order from the Supreme Court preventing the tr ... ial from going forward.

Donald Kennedy Campbell III's Legal Cases (9)