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Venable v. Becker
Citations: 287 Ark. 236; 697 S.W.2d 903; 1985 Ark. LEXIS 2213Docket: 85-130
Court: Supreme Court of Arkansas; October 28, 1985; Arkansas; State Supreme Court
An appeal was brought by Douglas Becker against Dr. R. S. Venable and Clinicare, Inc. regarding an account for custom forms and materials ordered by Dr. Venable. Partial payments were made on this account prior to Clinicare's bankruptcy. The circuit judge awarded a judgment of $3,093.18 against both Venable and Clinicare, jointly and severally. Two main issues were addressed on appeal: the constitutionality of Rule 38 of the Arkansas Rules of Civil Procedure (ARCP), which stipulates that a jury trial is waived unless requested at least 20 days before trial, and whether the judgment against Venable individually was appropriate. The court affirmed both points. The appeal contended that the trial court erred in denying Venable's last-minute request for a jury trial. Venable argued that this conflicted with Ark. Stat. Ann. 27-1743, which outlines conditions under which a jury trial can be waived. However, ARCP Rule 38, which was established under Act 38 of 1973, supersedes conflicting statutes, as confirmed by the court's earlier adoption of the ARCP. Consequently, the court ruled that the waiver of the jury trial was valid and constitutional. Additionally, the evidence showed that Becker interacted solely with Venable and that payments were made by him personally, without any indication that Clinicare was a corporation, thereby justifying Becker's assumption that he was dealing with an individual. The trial court's finding that Venable could be held individually liable was not deemed clearly erroneous. The judgment was therefore affirmed.