Page:Brown v. Tucker.pdf/1

{{rh|{{sc|Ark.]}}|{{dual line||435}} {{rule}} {{rule}} {{c|Larry Douglass BROWN v. Jim Guy TUCKER}}

{{rh|96-1379||954 S.W.2d 262}}

{{c|Supreme Court of Arkansas Opinion delivered November 6, 1997}}

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 * 1) A{{fine|PPEAL & ERROR}}—{{fine|MOTION TO DISMISS}}—{{fine|STANDARD OF REVIEW}}.—In reviewing the denial of a dismissal granted pursuant to Ark. R. Civ. P. 12(b)(6), the supreme court treats the facts alleged in the complaint as true and views them in the light most favorable to the party who filed the complaint; when the trial court decides Rule 12(b)(6) motions, it must look only to the complaint.
 * 2) P{{fine|LEADING}}—{{fine|FACT PLEADING REQUIRED}}—{{fine|DISMISSAL FOR FAILURE TO STATE FACTS}}.—Arkansas has adopted a clear standard to require fact pleading; Ark. R. Civ. P. 8(a)(1) requires that a pleading setting forth a claim for relief contain a statement in ordinary and concise language of facts showing that the pleader is entitled to relief; Ark. R. Civ. P. 12(b)(6) provides for the dismissal of a com.plaint for "failure to state facts upon which relief can be granted"; these two rules must be read together in testing the sufficiency of the complaint; facts, not mere conclusions, must be alleged.
 * 3) M{{fine|OTIONS}}—{{fine|MOTION TO DISMISS}}—{{fine|TEST FOR SUFFICIENCY OF COMPLAINT}}.—In testing the sufficiency of the complaint on a motion to dismiss, all reasonable inferences must be resolved in favor of the complaint, and pleadings are to be liberally construed; where the complaint states only conclusions without facts, the appellate court will affirm the trial court's decision to dismiss the complaint pursuant to Ark. R. Civ. P. 12(b)(6).
 * 4) A{{fine|PPEAL & ERROR}}—{{fine|ABSTRACTING REQUIREMENT}}.—The supreme court's rules require the abstracting of such material parts of the pleadings, proceedings, facts, documents, and other matters in the record as are necessary to an understanding of each issue presented to the court for review.
 * 5) A{{fine|PPEAL & ERROR}}—{{fine|RECORD}}—{{fine|APPELLANT'S BURDEN}}.—It is the appellant's burden to demonstrate reversible error and to present a record evidencing such error.
 * 6) A{{fine|PPEAL & ERROR}}—{{fine|RECORD}}—{{fine|RESTRICTIONS ON USE}}.—It is fundamental that the record on appeal is confined to that which is abstracted and cannot be contradicted or supplemented by statements made in the argument portions of the brief. {{fine block/e}}