The Daily Law Blog

Brittney and I enjoyed the opportunity to represent Daily & Woods, PLLC at the Best of River Valley gala last month. I am truly honored that the local community voted us to be the Best in two categories: estate law and overall Best law firm in the Arkansas River Valley Area. We enjoy serving our community and truly appreciate your votes and support!

The Arkansas Supreme Court issued an additional per curium order this week to address eviction filings . The order requires all eviction complaints between now and July 25, 2020 to affirmatively plead that the property that is the subject of the eviction dispute is not a covered dwelling under the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act).  The Court noted that this was a temporary pleading  requirement, merely to reflect the CARES Act's moratorium prohibiting the lesser of a covered dwelling from filing a legal action to recover possession of property for nonpayment.  Two justices dissented from the majorit y opinion, citing separation of powers concerns, and the concern of showing favoritism to tenants over landlords. As mentioned in previous posts , the rules and guidance we receive from the courts will change from day to day.  If the COVID-19 pandemic has had an effect on your Arkansas business, or your i...

The Arkansas Supreme Court has issued an updated response to COVID-19 with per curium opinion 2020 Ark. 164 .  Pursuant to this new order, the Arkansas Supreme Court has indefinitely suspended the following litigation service and response dates: Ark. R. Civ. P. 4(i) (Time for Service of Complaint),  Ark. R. Civ. P  33(b) (Time to Respond to Interrogatories),  Ark. R. Civ. P  34(b) (Time to Respond to Requests for Production of Documents),  Ark. R. Civ. P  36(a) (Time to Respond to Requests for Admission), and  Ark. Dist. Ct. R. 3 (Time for Service of Complaint).  The Court did not address any other deadlines.  It is very important for litigants to understand that despite this suspension on certain service and response times, because the courts remain open, statutes of limitation on new filings have not been tolled. Plaintiffs should remain diligent in pursuit of filing new claims.  ...

Covid-19 Presents New Legal Challenges and Unique Opportunities for Arkansas Citizens and Businesses Without question, everyone's life has been effected by the Covid-19 coronavirus pandemic.  So much has changed over the last 30 days, and since little is still known about the coronavirus that has sickened so many, including how it spreads, and how it can be mitigated, governmental guidance has been a swift-moving target.  Individuals and business owners have been forced to navigate social norms and laws that seem to change every day. My legal practice is a small business, so believe me, I understand. The coronavirus has altered the way we conduct our business at Daily & Woods  and has expanded the scope of our practice.  This post will touch on some of the changes we have seen, and while there have certainly been challenges, we have also seen how the new laws have provided our clients with some good opportunities in a variety of substantive legal ar...

The law office of  Daily & Woods, P.L.L.C.   is excited to once again be a sponsor at the Arkansas Natural Resources Law Institute in Hot Springs, Arkansas.  The Arkansas Natural Resources law Institute is the premier oil and gas conference in Arkansas and deemed a "must attend" event for anyone involved in the Arkansas oil and gas industry. The Arkansas Natural Resource Law Institute will include social events and industry meetings beginning at 5:00 p.m. on February 27th, 2019, followed by CLE courses on the mornings of February 28th, and March 1st, 2019. Daily & Woods, P.L.L.C. member Thomas A. Daily will present litigation updates and recent developments in Arkansas oil and gas law on February 28th, 2019. The full brochure is located on the Arkansas Bar Association's website . Make arrangements to join us in Hot Springs! C . Michael Daily  is an Arkansas oil and gas law attorney with the long-established law firm of  Dail y & W...

The 8th Circuit Court of Appeals recently rendered an unpublished opinion, Kiddie v. Copeland , Case No. 17-2814 , involving the statute of frauds, and its application to an agreement to divided a deceased grandfather's property.  First, what is the statute of frauds anyway and why should you care? The statute of frauds is a common law rule that has been codified in most states, and requires that certain contracts must be in writing to be enforceable.  Among those contracts affected, are: (1) contracts to answer for the debt of another ( Ark. Code Ann. 4-59-101 ); (2) agreements to be made in consideration of marriage ( Ark. Code Ann. 4-59-101 ); (3) agreements that are not to be performed within one year from the date of the agreement ( Ark. Code Ann. 4-59-101 ); (4) agreements for the sale, lease, or transfer of land ( Ark. Code Ann. 4-59-101 --102 ); (5) contracts for the sale of goods over $500.00 ( Ark. Code Ann. 4-2-201 ; and (6) contracts to make a will or devi...