CONWAY COMMERCIAL WAREHOUSING, LLC V. FEDEX FREIGHT EAST, INC.

Docket NumberNo. CA 10-658
Decision Date26 January 2011
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14 cases
  • Dye v. Precision Found. Specialties & Flow Rite Drainage Solutions, Inc.
    • United States
    • Arkansas Court of Appeals
    • May 11, 2022
    ...required to award attorney's fees under this statute, and any amounts awarded are discretionary. Conway Comm. Warehousing, LLC v. FedEx Freight E., Inc. , 2011 Ark. App. 51, 381 S.W.3d 94. Accordingly, Ark. Code Ann. § 16-22-308 gives a court discretion to award reasonable attorney's fees i......
  • McCabe v. Wal-Mart Assocs., Inc.
    • United States
    • Arkansas Court of Appeals
    • December 4, 2019
    ...gave no valid explanation for lowering attorney's hourly fee from $150 to $125 an hour); Conway Commercial Warehousing, LLC v. FedEx Freight E., Inc. , 2011 Ark. App. 51, at 9, 381 S.W.3d 94, 100 (holding it was an abuse of discretion when prevailing party in a breach-of-contract case filed......
  • Spann v. Lovett & Co.
    • United States
    • Arkansas Court of Appeals
    • February 1, 2012
    ...relinquishment of a known right, done with the intent to forever be deprived of its benefits. Conway Commercial Warehousing, LLC v. FedEx Freight East, Inc., 2011 Ark. App. 51, 381 S.W.3d 94. It may occur where a person takes action that is inconsistent with the right or his intention to re......
  • Fairpark, LLC v. Healthcare Essentials, Inc.
    • United States
    • Arkansas Court of Appeals
    • February 23, 2011
    ...party from its contractual duties if the first breach is material and sufficiently serious. Conway Commercial Warehousing, LLC v. FedEx Freight East, Inc., 2011 Ark. App. 51, 381 S.W.3d 94. In particular, if a landlord breaches his contract to repair or make improvements, the tenant may tre......
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