Wagoner v. Wagoner
Facts
Wagoner alleged that after learning in 2021 of a rezoning request involving property he believed belonged to the Wagoner Family Trust, he discovered prior transfers of trust property. He claimed that, after his father's death, he became a cotrustee and that trust property could be transferred only with unanimous agreement of all cotrustees. He alleged misconduct by Patricia, Treece, Williams, and Watkins relating to trust transfers, legal advice, and conflicts of interest, but his complaint asserted no factual allegations against Guinn, Deans, or Campbell. On appeal, Wagoner focused mainly on statute-of-limitations arguments and asserted generally that his complaint stated multiple claims.
Issue
Whether the circuit court abused its discretion in dismissing Wagoner's complaint under Rules 8(a) and 12(b)(6) when his complaint lacked factual allegations as to some defendants and, on appeal, he failed to develop arguments showing that his pleaded claims were sufficiently stated. Also, whether the court needed to reach the statute-of-limitations issue given those pleading and briefing deficiencies.
Rule
Under Arkansas Rules of Civil Procedure 8(a) and 12(b)(6), a complaint must state facts, not mere conclusions, showing the pleader is entitled to relief; it is deficient if it fails to allege facts pertaining to an essential element of a cause of action. On appeal, the court will not research or develop arguments for the appellant, and failure to make a convincing, developed argument with supporting authority is itself a sufficient basis to affirm, even for a pro se appellant.
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If Mason moves to dismiss under Arkansas Rules 8(a) and 12(b)(6), how should the court most likely rule?