Arkansas Supreme Court Kicks Back Terminella Appeal
by May 17, 2010 12:00 am 80 views
The Arkansas State Supreme Court ordered a rebriefing in the Grand Valley Ridge LLC and Tom Terminella vs. Metropolitan National Bank suit on May 6. The suit is noted by many as a potential watershed case for Arkansas lenders and developers.
Terminella sued Metropolitan of Little Rock in Washington County in 2007, alleging breach of contract and bad faith by the bank. The developer sought $50 million in response to the bank’s foreclosure on two loans worth $14.4 million. In February 2009, Washington County Circuit Court Judge Kim Smith ruled against Terminella.
Separate suits filed in Benton and Pulaski counties were dismissed in February of this year.
The Supreme Court’s order states that the appellants omitted documentation and failed to meet requirements that would allow the court to move forward.
“It is the Appellants’ burden to provide us with a record, abstract, addendum, and brief that allow us to understand the issues on appeal,” the opinion states. “Appellants’ failure to include the aforementioned items is a failure to comply with Rule 4-2(a)(8) and precluded our ability to confirm our jurisdiction and our ability to review on appeal the issues presented.”
Ray Green is a lawyer with Kutak Rock LLP in Fayetteville and represents many banks but is not involved in the Terminella case. He said the appellant courts in Arkansas strictly enforce the requirements regarding appeals.
Judge Robert L. Brown did not participate in the opinion.
Lunsford Bridges, CEO of Metropolitan, declined to comment.