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Rogers Iron & Metal Corp. v. K & M, Inc.
Citations: 22 Ark. App. 228; 738 S.W.2d 110; 1987 Ark. App. LEXIS 2611Docket: CA 87-161
Court: Court of Appeals of Arkansas; October 28, 1987; Arkansas; State Appellate Court
K.M., Inc. filed a lawsuit against Rogers Iron Metal Corporation to collect $9,957.31 for repair work performed between October 3, 1983, and February 18, 1985. Rogers Iron raised the affirmative defense of laches, arguing that the delay in presenting invoices prejudiced its ability to verify the work and charges, and requested the case be transferred to equity. The circuit court ruled that laches was not applicable because the action was a legal claim, not an equitable one, and denied the motion to transfer, awarding K.M., Inc. the requested sum plus costs. On appeal, Rogers Iron contended the trial court erred in both denying the transfer and in its application of laches. The appellate court affirmed the lower court's decision, clarifying that the doctrine of laches only applies in cases seeking equitable relief, which was not the situation here. The lawsuit was filed within the statute of limitations, making laches inapplicable. The court emphasized that the circuit court has jurisdiction over actions on accounts and found no basis for transferring the case to equity since the only defense presented was laches, which could not bar a legal action. The case was affirmed without error, with judges Jennings and Coulson concurring.