Russell Franklin and Mary Franklin v. Robert Butler and Kim Butler

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION III

RUSSELL FRANKLIN AND MARY FRANKLIN,

APPELLANTS

V.

ROBERT BUTLER AND KIM BUTLER,

APPELLEES

CA04-491

FEBRUARY 2, 2005

APPEAL FROM THE CONWAY COUNTY CIRCUIT COURT,

(NO. CV-03-276),

HON. TERRY M. SULLIVAN, JUDGE

AFFIRMED

Sam Bird, Judge

In a contract dated November 5, 1999, appellants Russell and Mary Franklin agreed to sell to appellees Robert and Kim Butler certain realty located in Conway County, Arkansas. On February 2, 2004, the Conway County Circuit Court granted the Butlers' complaint for specific performance, ordering the Franklins to pay three judgment liens against the property and to execute a warranty deed to the Butlers.

The Franklins contend on appeal that the trial court should have vacated the liens, which were created after the contract, and should have granted the Butlers clear title to the property. The Franklins argue that the liens could not be attached to an interest that no longer existed after the Franklins gave the Butlers their interest in the real property. This argument does not appear in the abstract of testimony presented to us, nor does it appear in the Franklins' answer to the complaint as reflected in the addendum of their brief.

It is well-settled that the appellate court will not address an issue raised for the first time on appeal. Dillard v. Wade, 74 Ark. App. 38, 45 S.W.3d 848 (2001). Because the argument now presented to us was not made to the trial court, we will not address it on appeal. Therefore, we affirm the decision of the trial court.

Affirmed.

Hart and Roaf, JJ., agree.