The opinion
Cite as 2017 Ark. App. 283
ARKANSAS COURT OF APPEALS
DIVISIONS I, III & IV
No. CV-16-936
THOMAS BURTON AND CINDY Opinion Delivered: May 10, 2017
BURTON
APPELLANTS APPEAL FROM THE LAFAYETTE
COUNTY CIRCUIT COURT
V. [NO. 37CV-15-21]
HONORABLE CARLTON D. JONES,
AMERICAN GAMEBIRD RESEARCH JUDGE
EDUCATION AND DEVELOPMENT
FOUNDATION, INC. DISMISSED WITHOUT PREJUDICE
APPELLEE
RITA W. GRUBER, Chief Judge
Thomas and Cindy Burton appeal the denial of their motion for attorney’s fees in the
action filed against them by American Gamebird Research Education and Development
Foundation, Inc. (AGRED). This case is a companion case to American Gamebird Research
Education & Development Foundation, Inc. v. Burton, 2017 Ark. App. 297, which we also hand
down today. The Burtons assert that under Arkansas Code Annotated section 16-22-308
(Repl. 1999), they were entitled to attorney’s fees as the prevailing party in a contract case.
AGRED responds that attorney’s fees were unavailable because its claim sounded in tort.
The Burtons’ sole point on appeal is that the trial court erred in ruling that attorney’s
fees were statutorily unavailable. Because today we reverse and remand the underlying case,
see id., the merits of the present appeal are not ripe for our review.
Dismissed without prejudice.
VIRDEN, GLADWIN , HARRISON, GLOVER, WHITEAKER, HIXSON, MURPHY, and
BROWN, JJ., agree.
Cite as 2017 Ark. App. 283
McMath Woods P.A., by: Samuel E. Ledbetter; and Joseph Hamilton Kemp, PLLC, by:
Joseph Hamilton Kemp, for appellants.
Bell & Boyd, PLLC, by: Michael W. Boyd and Karen Talbot Gean, for appellee.
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