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Property Keyed to Rabin
Abernathy v. Adous
Citation:85 Ark.App. 242.
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 1992 Appellants entered a lease agreement with the original lessee, Griffith Petroleum Inc. (GPI). In 1997, GPI subleased the property under the lease to Adous. Adous paid rent monthly to GPI who in turn paid the Appellants and Fidelity National Bank, the mortgage lender for the property. In April 2001, GPI failed to pay rent to Appellants. Adous offered the rent payment directly to Appellants but they refused it. Adous sued Appellant and GPI for specific performance to accept his rent payments. Appellants later learned that GPI was insolvent and terminated the lease, ordering Adous to leave the property.
At trial, Appellants argued that Adous was a sublessee whose rights under the lease were terminated when GPI became insolvent. However, the court held that Adous was an assignee who became the lessee after GPI became insolvent. Therefore, Appellants’ forfeiture of the lease was unjust. Appellants appealed this decision.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.