Page:State ex rel. Bryant v. R & A Investment Co.pdf/1

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Ark.]
State v. R&A Investment Co.
Cite as 336 Ark. 289 (1999)
289


STATE of Arkansas ex rel. Winston Bryant, Attorney General v. R&A INVESTMENT CO., Inc., d/b/a Mid South Title Loans; Reican, Inc., d/b/a Mid South Title Loans; and Reid & Reid, Inc., d/b/a Mid South Title Loans

98-198
985 S.W.2d 299

Supreme Court of Arkansas
Opinion delivered February 4, 1999

  1. JUDGMENTSUMMARY JUDGMENTWHEN APPROPRIATE. – Summary judgment is appropriate when there are no genuine issues of material fact to be litigated, and the moving party is entitled to judgment as a matter of law; in making this determination, the court views the evidence in the light most favorable to the parties resisting the motion and resolves all doubts and inferences in their favor.
  2. USURYCONSTITUTIONAL PROVISIONS – GENERAL ASSEMBLY'S AUTHORITY. – Article 19, section 13, of the Arkansas Constitution expressly authorizes the General Assembly to enact legislation to punish parties who knowingly violate the constitutional usury provisions; the plain language of subsection (b) mandates that the General Assembly prohibit usurious contracts.
  3. USURYATTORNEY GENERAL'S STANDING – STATE DID NOT BRING PERSONAL USURY CLAIM. – The supreme court distin-