DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
133492P.pdf 02/06/2015 Germain Real Estate Company v. HCH Toyota
U.S. Court of Appeals Case No: 13-3492
and No: 13-3723
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Wollman, Author, with Colloton and Benton, Circuit Judges]
Civil case - Contacts. The court concludes that the Arkansas Supreme Court
would hold that a dismissal without prejudice for failure to state facts
upon which relief could be granted was a final judgment for purposes of
issue preclusion; as a result, plaintiff were barred from relitigating the
issue of plaintifff's purchase option in federal court; based on the state
court's conclusion and the terms of the parties' subordination agreement,
plaintiff was not entitled to specific performance of the option, and the
district court properly dismissed plaintiffs' federal declaratory-judgment
action; attorneys' fees award was not an abuse of the district court's
discretion and is affirmed.