Ruff v. Estate of Ruff
| Docket Number: | 2007-CA-01189-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 08-21-2008 Opinion Author: WALLER, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Injunctive relief Judge(s) Concurring: SMITH, C.J., DIAZ, P.J., EASLEY, CARLSON, GRAVES, DICKINSON, RANDOLPH, AND LAMAR, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 06-18-2007 Appealed from: Benton County Chancery Court Judge: Glenn Alderson Disposition: Ruff sought injunctive relief, which the chancellor denied. Case Number: 07-0009 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | GUY "PHIL" RUFF, JR. |
EDWIN H. PRIEST |
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| Appellee: | THE ESTATE OF GUY P. RUFF, SR., MYRA EASON RUFF, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF GUY P. RUFF, SR., MARGARET ANNE RUFF CARGO, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF GUY P. RUFF, SR., AND DAVID CLIFTON RUFF, IN HIS CAPACITY AS EXECUTOR OF THE ESTATE OF GUY P. RUFF, SR. | STEPHAN L. McDAVID | ||
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| Topic: | Injunctive relief |
| Summary of the Facts: | Guy Philp Ruff, Jr., received a personal loan from his parents Puddie Ruff and Guy Ruff, Sr., now deceased. Ruff defaulted on payments under the original loan agreement, a subsequent bankruptcy consent order, and a later consent order entered in the chancery court. The Estate of Guy P. Ruff, Sr., filed a quitclaim deed in lieu of foreclosure following Ruff’s failure to make timely payment under the terms of the chancery court’s consent order. Ruff sought injunctive relief, which the chancellor denied. Ruff appeals. |
| Summary of Opinion Analysis: | Ruff argues that he is entitled to an injunction because the Estate gained an unconscionable advantage, and he suffered irreparable harm, due to his mistaken belief that a payment was made on his behalf to the Estate. For a permanent injunction to issue, a party must show an imminent threat of irreparable harm for which there is no adequate remedy at law. Equity prevents an intolerable injustice where a party has gained an unconscionable advantage by mistake and the mistaken party is not grossly negligent. Here, the chancellor conceded that Ruff had presented a good case for equitable relief. He gave a reasonable explanation for not making the payment to the Estate. However, the chancellor did not abuse his discretion in denying Ruff’s motion for injunctive relief. Ruff exhibited a pattern of failing to pay his debts and, at the time of trial, was in default on two notes. Furthermore, Ruff’s income prospects were suspect. Balancing the equities, Ruff’s default also damaged the Estate. The Estate’s continuing obligation on this loan, combined with Ruff’s failure to pay, contributed to a state of insufficient funds for the day-to-day living expenses of Mrs. Ruff. All other issues asserted by Ruff are procedurally barred since Ruff failed to raise the issues before the chancery court. |
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