Ark. Code Ann. § 16-56-105

Section 16-56-105 gives fraud and breach of fiduciary duty claims a three-year limitations period; fraudulent concealment does not toll that period when reasonable diligence would have revealed the fraud.

Alexander v. Flake · filed 1995-10-30

The statute of limitations for fraud and breach of fiduciary duty actions is three years. Ark. Code Ann. § 16-56-105 (1987); Hampton v. Taylor, 318 Ark. 771, 887 S.W.2d 535 (1994); Smith v. Elder, 312 Ark. 384, 849 S.W.2d 513 (1993). ... Similarly, in the case at bar, appellant did not fulfill his duty to exercise reasonable diligence in examining the agreements or in reading the memoranda provided to him. Consequently, he cannot avail himself of the benefit of tolling based on fraudulent concealment.

Section 16-56-105 gives constructive fraud claims a three-year limitations period; after that period, the claimant bears the burden of showing tolling.

Riddle v. Udouj · filed 2007-11-08

The statute oflimitations for a constructive fraud claim is three years. Ark. Code Ann. § 16-56-105 (Repl. 2005). More than three years have elapsed since the commission of the alleged fraud. Therefore, the burden is on the Riddles to show that the statute of limitations was tolled.

Section 16-56-105 sets a three-year limitations period for fraud claims, which also governs civil conspiracy claims based on fraud.

Richard Varner, Jr. v. Peterson Farms · filed 2004-06-16

Under Arkansas law, a cause of action for fraud is governed by a three-year statute of limitations. Ark. Code Ann. § 16-56-105 (1987). As such, civil conspiracy–which is not a separate tort and must be based on the underlying tortuous activity–borrows its statute of limitations from the fraud cause of action.

Section 16-56-105 provides a three-year limitations period for fraud and deceit claims; the period did not bar a claim filed within three years of the injury.

Tyson Foods, Inc. v. Davis · filed 2002-02-07

Davis suffered no injury from the alleged deceit until he was told by Tyson in 1998 that he would receive no more hogs. ... The applicable statute of limitations on fraud and deceit is three years. Hampton v. Taylor, 318 Ark. 771, 887 S.W.2d 535 (1994); Ark.Code Ann. § 16-56-105 (1987). ... The complaint was filed February 24, 1999. These events all occurred within three years of the filing of this lawsuit. There is no merit to the statute of limitations claim.

Section 16-56-105 provides a three-year limitations period for fraud claims based on misrepresentation.

Martin v. Equitable Life Assurance Society of the United States · filed 2001-03-15

Misrepresentation is an element of fraud and the three-year statute of limitations set out in Ark. Code Ann. § 16-56-105 (1987) applies.

Section 16-56-105 gives fraud claims a three-year limitations period; fraud suspends the period until it is discovered or should have been discovered through reasonable diligence.

Talbot v. Jansen · filed 1988-02-16

We are dealing with Ark.Stat.Ann. § 37-206 (Repl.1962): an action for fraud must be brought within three years from the date the cause of action accrues. ... Without giving unnecessary details and based upon all the facts presented, including the family's knowledge of Ben Talbot's mental situation, it is obvious that Madeline Talbot did not use due diligence to discover any fraud.

Section 16-56-105’s three-year limitations period for constructive fraud begins when the claimant discovers or reasonably should discover the fraud.

Scollard v. Scollard · filed 1997-06-16

We hold that Stephen’s refusal to dispose of the property as instructed provided notice of Stephen’s claim to Garrett. It was at that time that Garrett discovered, or certainly should have discovered, that Stephen had no intention of recognizing Garrett’s claim to the property. Thus, we agree with the Trial Court that the statute of limitations began to run no later than November 30, 1991. The action was barred after November 30, 1994, unless the running of the statute was tolled.

Section 16-56-105 provides a three-year limitations period for fraud claims.

Ripplemeyer v. National Grape Co-Op. Ass'n, Inc. · filed 1992-12-03

Under Arkansas law, a cause of action for fraud is governed by a three-year statute of limitations. Ark.Code Ann. § 16-56-105 (1985).

Section 16-56-105 sets a three-year limitations period for fraud claims; disputes about when the plaintiff discovered the fraud and whether it exercised due diligence can prevent summary judgment.

Colonia Insurance v. City National Bank · filed 1998-07-10

Under Arkansas law, a cause of action for fraud is governed by a three-year statute of limitations. Ark.Code Ann. § 16-56-105 (1987). ... We held in our memorandum opinion filed June 11,1998, that a genuine issue of material fact exists as to when plaintiffs discovered the fraud and whether they used due diligence to detect it. Therefore, Coleman is not entitled to summary judgment on the basis of the statute of limitations or laches.

Section 16-56-105 requires fraud and constructive fraud claims to be brought within three years after the fraud occurred, even when the plaintiff seeks rescission.

Central United Methodist Church, Inc v. Barbstan Partners, LTD · filed 2019-05-20

Under Arkansas law, actions for fraud and constructive fraud must be brought within three years from the date the fraud occurred.

Section 16-56-105 provides a three-year limitations period for a tort of outrage claim.

McQuay v. Guntharp · filed 1999-03-11

As such, the complaint was timely filed within the three-year limitations period in section 16-56-105.

Section 16-56-105 provides a three-year limitations period for tort actions, including negligence claims.

Farmers & Merchants Bank v. Hamilton Hotel Partners of Jacksonville Ltd. Partnership · filed 1988-12-16

It is well established that the three year statute applies to all tort actions. ... Therefore, plaintiffs allegations of negligence with respect to the Hamilton I transaction are time barred.

Section 16-56-105(3) requires a contract action to be brought within three years of the breach, even when the five-year limit for construction and repair claims also applies.

East Poinsett County School District No. 14 v. Union Standard Insurance · filed 1990-12-03(3)

In keeping with the express language of § 16-56-112(f), we believe it is clear that the five year limitations contained in § 16-56-112(a) cannot be used to extend the three year limitations period provided in § 16-56-105(3).

Section 16-56-105 sets a three-year limitations period for tort claims; a plaintiff whose complaint shows the period has run must prove that it was tolled.

Cherepski v. Walker · filed 1996-01-16

In his motion to dismiss filed below, appellee Bishop McDonald asserted that Cherepski’s case was barred by the three-year statute of limitations for tort actions. Ark. Code Ann. § 16-56-105 (1987). ... On the face of the complaint, it appears that these allegations against Bishop McDonald are barred. Thus, the burden shifted to Cherepski to prove, by a preponderance of the evidence, that the statute was tolled.

Section 16-56-105(1) gives a party three years to bring an action on an oral contract; a resolution merely authorizing an award does not make the contract written.

Jenkins v. City of Little Rock · filed 1996-02-21(1)

Therefore, if the parties were contractually bound at all, it was pursuant to an oral contract. Appellant’s attempt to bring an action five years later was barred by the applicable three-year statute of limitations.

Section 16-56-105 gives a tortious interference claim three years from accrual to be filed.

Shelnutt v. Laird · filed 2004-12-02

The three-year statute of limitations codified at Ark. Code Ann. § 16-56-105 is applicable to the case now before us. ... It is established that Mr. Shelnutt’s cause of action accrued no later than November 8, 1999. Therefore, this is the date upon which the statute of limitations began to run. Mr. Shelnutt had until November 8, 2002, to file his complaint against the Lairds. Mr. Shelnutt filed his complaint on April 1, 2003, which was more than three years after his cause of action accrued. Accordingly, we conclude that the trial court properly dismissed Mr. Shelnutt’s complaint.

Section 16-56-105 requires a legal-malpractice claim to be filed within three years of when the negligence occurs.

Moore Inv. Co. v. MICHELL, WILLIAMS, SELIG · filed 2005-05-18

As this is a legal-malpractice action, Ark. Code Ann. § 16-56-105 (Repl. 1996) is the applicable statute oflimitations. The statute requires a claim for malpractice to be filed within three years of “when the negligence occurs.”

Section 16-56-105(3) sets a three-year limitations period for Arkansas personal injury suits, including § 1983 actions alleging physical injury.

Williams v. Bradshaw · filed 2006-08-16(3)

The Arkansas statute of limitations period for personal injury suits is three years, see Ark.Code Ann. § 16-56-105(3), and that limitations period applies to § 1983 actions filed in Arkansas that allege a physical injury. ... And in considering the amended complaint on its own, the district court correctly noted that its claims were barred by the statute of limitations.

Section 16-56-105 requires a personal injury suit to be brought within three years; absent fraud that tolls the period, a suit dismissed after that period expires is barred.

Brennan v. Wadlow · filed 2008-01-10

Under Ark. Code Ann. § 16-56-105, suit had to be brought within three years. Three years ran in February 2006, and the dismissal was granted August 17, 2006. There was no fraud to toll the statute of limitations. The statute of limitations had run, and the dismissal with prejudice was proper.

Section 16-56-105(3) provides the three-year limitations period for § 1983 actions filed in Arkansas.

Miller v. Norris · filed 2001-04-12(3)

We note that Arkansas's three-year personal injury statute of limitations, see Ark. Code Ann. § 16-56-105(3), applies to this § 1983 action filed in Arkansas, see Ketchum v. City of West Memphis, Arkansas, 974 F.2d 81, 82 (8th Cir. 1992), and that Mr. Miller's motion to reinstate was filed more than three years after he was stabbed.

Section 16-56-105 sets a three-year limitations period for actions alleging fraud or deceit.

O'BRYANT v. Horn · filed 1989-02-13

In addition, it is undisputed that a cause of action for deceit or fraud is subject to a three year statute of limitations as set out in Ark. Code Ann. § 16-56-105 (1987). ... Thus, we affirm the trial court’s holding that the appellant’s cause of action was barred by the three year statute of limitations for torts.

Section 16-56-105 gives a negligence claim against a bank for improperly issuing a certificate of deposit a three-year limitations period.

Courtney v. FIRST NAT. BANK OF E. ARK. · filed 1989-12-04

The sole argument on appeal is that the court erroneously applied the three-year statute of limitations, Ark. Code Ann. § 16-56-105 (1987), to this cause of action. We hold that the trial court correctly applied the three-year statute.

Section 16-56-105(3) requires a breach-of-contract action to be brought within three years; the five-year period in § 16-56-112(a) does not extend that deadline.

E. POINSETT CTY. SCH. DIST. v. Union Std. Ins. Co. · filed 1990-12-03(3)

In keeping with the express language of § 16-56-112(f), we believe it is clear that the five year limitations contained in § 16-56-112(a) cannot be used to extend the three year limitations period provided in § 16-56-105(3).

Section 16-56-105 supplies the three-year limitations period for § 1983 actions in Arkansas.

Morton v. City of Little Rock Phillip Wilson, and Ronnie Gatewood, Individually and in Their Official Capacities · filed 1991-05-30

Thus, in Arkansas the applicable period for a § 1983 action is three years.

Section 16-56-105 provides a three-year limitations period for these claims whether they sound in tort or contract.

Resolution Trust Corp. v. Kerr · filed 1992-09-16

Although some courts have determined that an action for breach of fiduciary duty sounds in contract rather than in tort, we need not address this issue because the three year statute of limitations, Ark.Code Ann. § 16-56-105 (1987), would apply whether the claims sound in tort or contract.

Section 16-56-105 provides a three-year limitations period that fraudulent concealment tolls until the fraud is discovered or should be discovered through reasonable diligence.

Wilson v. General Electric Capital Auto Lease, Inc. · filed 1992-11-16

The applicable statute of limitations to this appeal is three years. Ark. Code Ann. § 16-56-105 (1987). ... We have long held that where affirmative acts of concealment by the person charged with fraud prevent the discovery of that person’s misrepresentations, the statute of limitations will be tolled until the fraud is discovered or should have been discovered with the exercise of reasonable diligence.

Section 16-56-105 gives fraud claims a three-year limitations period; a claim is time-barred when the plaintiff knew of the alleged misrepresentation more than three years before filing.

Jackson v. Swift-Eckrich · filed 1993-08-11

Under Arkansas law, a cause of action for fraud is governed by a three-year statute of limitations. Ark.Code Ann. § 16-56-105 (1987). ... With respect to the alleged representation that the terms of the contract would not change for a period of five years, the court finds the plaintiffs’ misrepresentation and/or constructive fraud claims are time barred.

Section 16-56-105 sets a three-year limitations period for this negligence action seeking personal and property damages.

Hicks v. Clark · filed 1994-02-28

This being so, and the applicable three-year statute of limitations having run, the trial court was correct in dismissing Hicks’s action with prejudice.

Section 16-56-105 provides a three-year limitations period for this negligence claim; the original complaint filed on the third anniversary of the accident was timely.

Eddinger v. Wright · filed 1995-09-20

Robert A. Wright argues that the plaintiffs action is barred by the three-year statute of limitations set out in Ark.Code Ann. § 16-56-105. The original complaint naming “Robert Wright” was filed within the limitations period.

Section 16-56-105 provides a three-year limitations period for legal malpractice, fraud, and breach of fiduciary duty actions.

Stoltz v. Friday · filed 1996-07-15

The applicable statute of limitations for legal malpractice is the three-year period provided in Ark. Code Ann. § 16-56-105 (1987). ... Further, the statute of limitations for fraud and breach of fiduciary duty actions is also three years.

Section 16-56-105 supplies the three-year limitations period for § 1983 actions filed in Arkansas; expiration of that period can prevent refiling after dismissal without prejudice.

Buchanan v. City of Little Rock · filed 1997-02-26

Significantly, we note that although the district court's dismissal was without prejudice, the three- year statute of limitations expired December 8, 1995, precluding Buchanan from re-filing his lawsuit. See Morton v. City of Little Rock, 934 F.2d 180, 183 (8th Cir. 1991) (statute of limitations in Arkansas for § 1983 action is three years); Ark. Code Ann. § 16-56-105 (Michie 1987).

Section 16-56-105 provides a three-year limitations period for a claim of outrage.

McQuay v. Guntharp · filed 1998-04-16

We thus conclude that the trial court erred in dismissing the complaint, as sufficient facts were alleged to state a cause of action for the tort of outrage, which is governed by the three-year statute of limitations found in Ark.Code Ann. § 16-56-105 (1987).

Section 16-56-105 gives contract and legal-malpractice actions a three-year limitations period that begins when the injury occurs, absent concealment, rather than when it is discovered.

Parkerson v. Lincoln · filed 2001-11-29

The applicable statute of limitations for actions on contract and legal malpractice is three years, pursuant to Ark. Code Ann. § 16-56-105 (Supp. 1999). We have held that the limitations period in these types of cases begins to run when there is a complete and present cause of action, and, in the absence of concealment of the wrong, when the injury occurs, not when it is discovered.

Section 16-56-105 provides a three-year limitations period for negligence and implied-contract actions.

Curry v. Thornsberry · filed 2003-02-26

Section 16-56-112 is a statute of repose and cannot be used to extend what would otherwise be a three-year statute of limitations period under Ark. Code Ann. § 16-56-105 (1987) for negligence or for implied contracts.

Section 16-56-105 gives fraud claims a three-year limitations period.

Wilkins v. US BANK, NAT. ASS'N · filed 2007-09-19

The statute of limitations for fraud is three years. Ark. Code Ann. § 16-56-105 (1987). ... Plaintiff is barred by the statute of limitations from bringing any of his claims.

Section 16-56-105 provides a three-year limitations period for breach of fiduciary duty claims.

Wilkins v. U.S. Bank, National Ass'n · filed 2007-09-19

The railroad ceased operating in 1960, according to Plaintiff, (Doc. 59-5), and any claim related to the disposition of the remaining assets would have to be brought within the three year statute of limitations or by 1963.

Section 16-56-105 gives a plaintiff three years to bring a libel claim.

Wolfe Ex Rel. W.W. v. Fayetteville, Arkansas School District · filed 2009-02-26

Meanwhile, the statute of limitations for libel is three years. Ark.Code Ann. § 16-56-105. Accordingly, any slanderous statements published before September 17, 2007 and any libelous statements published before September 17, 2005 are not actionable.

Section 16-56-105 provides a three-year limitations period for intentional interference with a contractual relationship or business expectancy, fraud, and unjust enrichment.

Roach Manufacturing Corp. v. Northstar Industries, Inc. · filed 2009-06-26

The statute of limitations for intentional interference with a contractual relationship or business expectancy, fraud, and unjust enrichment is also three years. Ark.Code Ann. § 16-56-105.

Section 16-56-105 sets a three-year limitations period for oral contracts, including contracts for the sale of services.

The Lucci Corp. v. Breaux Mfg. · filed 2013-12-04

The three-year period applies to oral contracts, including contracts for the sale of services.

Section 16-56-105 provides a three-year limitations period for personal-injury and negligence claims, including § 1983 claims governed by Arkansas law.

Early v. Baker · filed 2013-12-05(3)

In Arkansas, the statute of limitations for personal-injury claims is three years. Ark. Code Ann. § 16-56-105(3) (Repl. 2005). Thus, we apply the three-year limitations period to appellant’s § 1983 claims. Likewise, the three-year statute of limitations applies to appellant’s state-law negligence claim.

Section 16-56-105’s three-year period for an unwritten-contract claim arising from a title search begins when the completed search is delivered.

Brooks v. Terry Abstract Co. · filed 2014-04-02

Therefore, the three-year limitations period began to run at the latest on February 8, 2008, not March 12, 2008, as appellants suggest.

Section 16-56-105 sets a three-year limitations period for claims covered by subsections (1) and (6).

Friedman v. Farmer · filed 2015-06-11(1), (6)

Because the claims do not relate back, they would be untimely under Arkansas’s three-year statute of limitations for each of Friedman’s claims. See Ark. Code Ann. § 16-56-105(1), (6). The sale to Ainsworth occurred in February 2010; the amended complaint was filed March 4, 2014.

Section 16-56-105 supplies the three-year personal-injury limitations period for § 1983 claims; separate episodes of treatment do not extend that period as a continuous course of treatment.

Moss v. Corizon, Inc. · filed 2016-02-25

State law supplies the limitations period for § 1983 actions. See Miller v. Norris, 247 F.3d 736, 739 (8th Cir. 2001). Arkansas imposes a three-year statute-of- limitations on personal injury claims. Ark. Code Ann. § 16-56-105. ... Acts before 2009 were not part of a course of continuing treatment with acts in 2011. The district court did not err in limiting Moss’s deliberate indifference claim to acts occurring after September 10, 2009.

Section 16-56-105(3) supplies the three-year limitations period for § 1983 claims in Arkansas.

Phipps v. Sex Offender Screening and Risk Assessment Committee · filed 2017-11-01(3)

In Arkansas, this ... is the three-year personal injury statute of limitations, Ark. Code Ann. 16-56-105(3); see Miller v. Norris, 247 F.3d 736, 739 (8th Cir. 2001) (Ark. Code Ann. § 16-56-105(3) is the statute of limitations applicable to § 1983 cases). Thus, any claims based on events that occurred in 2009 would be barred by the statute of limitations.

Section 16-56-105 provides the three-year limitations period applied to § 1983 claims in Arkansas.

Franklin v. Ramey · filed 2018-05-31

In Arkansas, this period is three years. Id. (referencing Ark. Code Ann. § 16-56-105).

Section 16-56-105 gives fraud claims a three-year limitations period that begins when the wrong occurs and is suspended by concealment until the fraud was or should have been discovered.

Watkins v. Rowland · filed 2018-10-03

The statute of limitations for fraud is three years. Ark. Code Ann. § 16-56-105 (Repl. 2005). Importantly, the alleged wrongdoing in this case occurred more than three years before August 2015 when the lawsuit was filed. The limitations period begins to run when the wrong occurs unless the wrong has been concealed. ... In instances of concealment, the statute of limitations is suspended until the party having the cause of action discovered or should have discovered the fraud.

Section 16-56-105 provides a three-year limitations period for Arkansas personal injury actions, which governs § 1983 claims arising in Arkansas.

Martin v. Julian · filed 2019-12-19

Under Arkansas law, personal injury actions have a three-year statute of limitations. See Ark. Code Ann. § 16-56-105.

Section 16-56-105 requires claims for detrimental reliance, breach of fiduciary duty, and negligence to be brought within three years of accrual.

City of Prescott, Arkansas v. Southwestern Electric Power Company · filed 2020-02-07

Arkansas requires that claims for detrimental reliance, breach of fiduciary duty, and negligence must be brought within three years of accrual. Ark. Code Ann. § 16-56-105.

Section 16-56-105 provides a three-year limitations period for state malicious prosecution claims.

Jones v. Frost · filed 2014-10-30

Arkansas provides a three year statute of limitations for state malicious prosecution claims. Ark. Code Ann. § 16-56-105. ... Even if the statutes of limitations were tolled until Jones' investigator undertook an independent examination of Dunn's alibi in March 2008, Jones still failed to file his complaint within the applicable three year time period. His claims are time barred.

Section 16-56-105 gives a plaintiff three years to bring an intentional infliction of emotional distress claim.

Crippen v. Grill · filed 2018-03-01

In addition, under Arkansas law, the statute of limitations for the tort of intentional infliction of emotional distress is three years. See Ark. Code Ann. § 16-56-105. Because Plaintiff failed to bring this state cause of action within three years of the claim arising, his claim of intentional infliction of emotional distress is also time barred and subject to dismissal.

Section 16-56-105 imposes a three-year limitation on claims for real property damage.

Pease v. Cook · filed 2018-03-19

Because Ms. Pease is not limited by the statutes cited by Defendants, she is only limited by the Arkansas three-year statute of limitations for real property damage. Ark. Code Ann. § 16-56-105.

Section 16-56-105 gives breach-of-fiduciary-duty claims a three-year limitations period; a continuing fiduciary relationship does not postpone that period until the relationship ends.

Ellis v. Roger Thompson and Frances Thompson · filed 2019-12-04

The statute of limitations for breach of fiduciary duty is three years. ... Ellis’s argument that the entire length of the fiduciary relationship should be looked at in ascertaining whether there has been a breach of duty is analogous to the “termination of employment” rule rejected by the supreme court.

Section 16-56-105 gives tortious interference with a contract claims a three-year limitations period measured from accrual.

Gunn v. Farmers Insurance Exchange · filed 2010-11-11

The statute of limitations governing tortious interference with a contract is found in Arkansas Code Annotated section 16-56-105, which provides, in part: “The following actions shall be commenced within three (3) years after the cause of action accrues: (3) All actions founded on any contract or liability, express or implied [and] (6) [a]ll actions for taking or injuring any goods or chattels.” Ark.Code Ann. § 16-56-105 (Repl.2005). ... Because all of the actions which form the essence of her complaint occurred more than three years prior to the filing of her complaint, Gunn’s tortious interference claim against FGI is time barred.

Section 16-56-105 imposes a three-year limitations period on promissory-estoppel, detrimental-reliance, and tort claims.

Akins v. S & R Development Inc. · filed 2021-11-17

Applying the statute of limitations from Arkansas, see Rose Barge Line, Inc. v. Hicks, 421 F.2d 163, 164 (8th Cir. 1970), we conclude that the district court did not err in dismissing the promissory-estoppel, detrimental-reliance, and tort claims as barred by the three-year statute of limitations. See Ark. Code Ann. § 16-56-105.

Subsection (3) supplies the three-year personal-injury limitations period applied to § 1983 claims arising in Arkansas.

Martin v. Julian · filed 2021-11-18(3)

In Arkansas, the personal-injury statute of limitations is three years. Ark. Code Ann. § 16-56-105(3); see Miller v. Norris, 247 F.3d 736, 739 (8th Cir. 2001).

Section 16-56-105 supplies a three-year limitations period for § 1983 claims arising in Arkansas.

Collier v. Wakefield · filed 2022-01-11

Section 1983 claims are governed by the personal injury statute of limitations of the state where the claim arose and, in Arkansas, that is three years. Ark. Code Ann. § 16-56-105 (2005); Miller v. Norris, 247 F.3d 736, 739 (8th Cir. 2001).

Section 16-56-105(3) supplies a three-year limitations period for § 1983 and Arkansas Civil Rights Act claims brought in Arkansas.

Lewis v. Pulaski County Sheriff's Office · filed 2022-03-31(3)

In Arkansas, the general personal-injury statute of limitations is three years. See Ark. Code Ann. § 16-56-105(3). ... Thus, Mr. Lewis’ claims are time-barred, and Pulaski County is entitled to summary judgment as a matter of law on all of Mr. Lewis’ claims.

Section 16-56-105 imposes a three-year limitations period on negligence claims.

Bowie v. Labua · filed 2022-07-22

That is because the statute of limitations for the Bowies’ claims against Ms. Labua has run.

The three-year limitations period for an oral promise to hold property in trust begins when the promise is repudiated.

Mike Grigsby and Freida Grigsby v. Louise L. Kelly, Charles L. Ford, Sharon K. Barber, Jay Barber, Barbara Woodruff, and · filed 2023-05-03

Because the Grigsbys principally rely on the statute-of-limitations defense to the siblings’ counterclaim, they were required to show that Mike repudiated the agreement between Leon and him to start the three-year period running, and there is no evidence of that before us. Silence does not equal repudiation.

Section 16-56-105(3) sets a three-year limitations period for personal-injury actions, which the court applied to civil rights claims.

Lindsey v. Oaklawn Jockey Club, Inc. · filed 2023-07-18(3)

In Arkansas, the personal-injury statute of limitations is three years. Ark. Code Ann. § 16-56-105(3).

Section 16-56-105 provides a three-year limitations period for Arkansas personal injury claims, including Section 1983 excessive force claims arising in Arkansas.

Pratt v. Cearly · filed 2023-09-14

In Arkansas that limitation is three years. Ark. Code Ann. § 16-56-105 (2005); Baker v. Chisom, 501 F.3d 920, 922 (8th Cir. 2007) (explaining the Arkansas three-year statute of limitations applies to Section 1983 excessive force claims against officers) (citing Morton v. City of Little Rock, 934 F.2d 180, 182 (8th Cir. 1991)).

Section 16-56-105 provides a three-year limitations window that excludes conduct alleged to have occurred in 2020 from a suit filed in 2025.

Williams v. United Parcel Service Inc · filed 2025-07-02

Williams pleads specifically that much of this conduct occurred in 2020, which is beyond the three-year limitations window. Ark. Code Ann. § 16-56-105; Doc. 2 at 6.

Section 16-56-105 provides a limitations period of at most three years for the claims at issue.

Judd Walker v. Jared Coleman, Tyler Pierce, Tom Jones, and Mike Kelley · filed 2026-02-18

The statute of limitations is, at most, three years for Walker’s claims. Ark. Code Ann. § 16-56-105 (Repl. 2005).

Section 16-56-105 provides a three-year limitations period for personal injury claims, which applies to § 1983 claims arising in Arkansas.

McBee · filed 2026-06-08

Arkansas provides a three-year limitations period for bringing personal injury-claims. See Miller v. Norris, 427 F.3d 736, 739 (8th Cir. 2001); see also Ark. Code Ann. § 16-56-105 (personal injury statute of limitations).

Section 16-56-105 gives a claimant three years to sue on a debt unsupported by a written contract.

Tackett v. Amy Freedman, Special Administratrix of the Estate of John Z. Tackett, Jr. · filed 2024-05-29

Further, the affidavit of claim does not allege that there was a written contract between John and Cody or any of the entities. Therefore, the statute of limitations to file a lawsuit was three years. See Ark. Code Ann. § 16-56-105 (Repl. 2005).

Section 16-56-105(1) sets a three-year limitations period for claims based on the execution of documents.

Lee v. Sustainable Forests, LLC. · filed 2024-07-24(1)

Pursuant to Arkansas law, the applicable statute of limitations regarding Plaintiff’s claims based on the execution of the documents in her Amended Complaint (ECF No. 6) is three (3) years. See Ark. Code Ann. §16-56-105(1).

Section 16-56-105 provides a three-year period for commencing this tort action.

Carton v. Missouri Pacific Railroad · filed 1988-03-28

On November 25, 1981, Carton commenced the present tort action in federal district court within the applicable three year statute of limitations of Ark. Code Ann. § 16-56-105.

Section 16-56-105(4) and (6) sets a three-year limitations period for trespass and conversion claims.

Travis Lumber Co. v. Deichman · filed 2009-05-21(4) & (6)

Moreover, the amended complaint could not stand on its own; because the last possible cause of action of the estate would have occurred before December 17, 1997, the January 25, 2001 amended complaint was barred by the applicable statutes of limitations. See Ark.Code Ann. § 16-56-105(4) & (6) (Repl.2005) (three-year statute of limitations for trespass and conversion); Ark.Code Ann. § 16-56-108 (Repl.2005) (two-year statute of limitations under penal statutes where penalty or part thereof goes to person suing); Kutait v. O’Roark, 305 Ark. 538, 542, 809 S.W.2d 371, 373-74 (1991) (holding that two-year statute of limitations under section 16-56-108 applies to claims brought pursuant to section 18-60-102).

The three-year limitations period for attorney malpractice is tolled while the claimant cannot bring the action because the alleged injury has ceased to exist.

Stroud v. Ryan · filed 1989-01-17

We have no hesitation in holding that the running of the statute of limitations was tolled while the default judgment was set aside. During that time, although the alleged negligent act had occurred, Stroud had no claim against Ryan, as he could have shown no injury.

The three-year limitation for common-law fraud begins when the wrongful act occurs unless the plaintiff establishes a basis for tolling.

Most Worshipful Grand Lodge of Free & Accepted Masons of Arkansas v. DCG/UGOC Equity Fund, LLC · filed 2016-10-19

Without tolling, the statute of limitations began to run when the wrongful acts occurred in 2010 and it expired in 2013. ... Because it is clear that the fraud claims are barred by the three-year statute of limitations, the Lodge must demonstrate by a preponderance of the evidence that there is a basis for tolling.

Section 16-56-105 gives three years to sue for breach of an oral contract, and concerns about the consequences of filing suit do not toll the period when nothing prevents filing.

Loftin v. First State Bank · filed 2020-02-05

In the present case, there is no dispute that the applicable statute of limitations for an oral contract is three years pursuant to Ark. Code Ann. § 16-56-105 (Repl. 2005) and that the breach in this case—the failure to make an annuity payment—occurred in 2010. ... We agree with the circuit court that equitable tolling is not applicable to the facts of this case. Loftin has not alleged anything that prevented him from bringing an action against FSB based on the MOU or any fiduciary duties he may have owed to the bank.

The three-year limitations period in § 16-56-105 allows a claimant whose cause of action accrued while she was a minor to sue within three years after turning eighteen.

Wake v. Harmony Grove School District 614 · filed 2021-01-29

In both pending motions to dismiss, Defendants argue that the complaint against them is barred by the three-year statute of limitations provided by Ark. Code Ann. §16-56-105. However, as Wake stated in her responses, she was a minor at the time she was abused by Vice and any cause of action against Defendants accrued. Therefore, pursuant to Ark. Code Ann. §§ 15-56-116 and 9-25-101, Wake had three years from the time she turned eighteen on January 25, 2017 to bring these claims. Her complaint, filed January 24, 2020, was filed one day short of three years and is thus not barred by the statute of limitations. The motions to dismiss are denied as to the statute of limitations.

The three-year limitations period applies to an accountant’s professional negligence claim even when pleaded as breach of contract, if the agreement promises only diligent representation.

Tony Smith Trucking v. Woods & Woods, Ltd. · filed 2001-09-26

However, the powers of attorney do not contain or contemplate specific promises, but at most represent a general duty to represent appellants with diligence. A violation of that obligation is, by definition, nothing more than negligence. ... The three-year statute of limitations began to run no later than April 24, 1995, when the appellee discontinued its representation of appellants.

Section 16-56-105 gives a plaintiff three years to bring an accounting malpractice claim, beginning when the negligence occurs unless the wrong is concealed.

Ford's Inc. v. Russell Brown & Co. · filed 1989-07-10

In Arkansas malpractice cases, concerning attorneys and physicians, we have consistently held that the statute of limitations begins to run, in the absence of concealment of the wrong, when the negligence occurs, not when it is discovered. ... That being so, we see no compelling reason why we should adopt a different rule to be used in accounting malpractice cases.

Section 16-56-105 gives a legal malpractice plaintiff three years from the negligent act, with a disputed date of negligence decided by the jury.

Orsini v. Larry Moyer Trucking, Inc. · filed 1992-06-29

Ark. Code Ann. § 16-56-105 establishes a three year statute of limitations which begins when the negligence occurs, not when it is discovered by the client. ... Because there existed a fact question regarding the date of the occurrence, it was not error to submit this issue to the jury.

Section 16-56-105 gives legal-malpractice claims a three-year limitations period that begins when the last element essential to the claim occurs.

Wright v. Compton, Prewett, Thomas & Hickey, P.A. · filed 1993-12-06

The parties agree that the applicable statute of limitation is the three-year period provided in Ark. Code Ann. § 16-56-105 (1987). ... In Chapman v. Alexander, 307 Ark. 87, 817 S.W.2d 425 (1991), we made it clear that the limitation period begins to run in malpractice cases upon the occurrence of the last element essential to the cause of áction. In this case that would be the date of the last act in the reorganization.

Section 16-56-105(3) gives attorney-malpractice claims a three-year limitations period governed by the occurrence rule, including claims under § 16-22-306.

Rice v. Ragsdale · filed 2009-02-11(3)

The limitations period for legal malpractice actions, set forth in Arkansas Code Annotated § 16-56-105(3) (Repl. 2005), is three years. ... With these considerations in mind, we believe that the legislature did not intend to abolish the “occurrence rule” for claims brought under section 16-22-306 and also affirm on this issue.

Section 16-56-105 gives negligence claims a three-year limitations period; for professional malpractice, that period begins when the negligent act occurs unless the wrong is concealed.

Bryan v. City of Cotter · filed 2009-10-01

The statute of limitations period for an action based on negligence is three years. Ark.Code Ann. § 16-56-105 (Repl.2005). In determining when the statute of limitations begins to run in an action for professional malpractice, this court has consistently followed the 1 .-occurrence rule, meaning that, in the absence of concealment of the wrong, the applicable period begins when the negligent act occurred, not when it was discovered.

Section 16-56-105(1) gives three years to sue on an oral contract, measured from accrual; for an open-ended agreement like this one, the period begins when a party repudiates it by word or conduct.

Chadwell v. Pannell · filed 1989-03-08(1)

The agreement left open-ended the time of performance for making the improvements. Thus, we believe the limitations period began to run when appellees by word or conduct repudiated the agreement. However, on the record before us, the date on which the alleged repudiation occurred is unclear. Under these circumstances, the date the limitations began to run is a question of fact.

Section 16-56-105 requires suit within three years after the cause of action accrues; a claim for payment of unused compensatory time accrues upon termination.

City of Fayetteville v. Bibb · filed 1989-12-20

Assuming that it was appropriate for the court to permit the amendment in these circumstances, Ark. Code Ann. § 16-56-105 (1987) requires that suit be brought within three years “after the cause of action accrues.” See Smith v. Milam, 195 Ark. 157, 110 S.W.2d 1062 (1937). Here, the appellee’s cause of action did not accrue until her termination.

Section 16-56-105(3) begins to run when a cause of action is complete; absent concealment, the period runs from the injury rather than its discovery.

Chalmers v. Toyota Motor Sales, USA, Inc. · filed 1996-12-16(3)

The limitations period found in Ark.Code Ann. § 16-56-105(3) begins to run when there is a complete and present cause of action, Courtney v. First Nat'l Bank, 300 Ark. 498, 780 S.W.2d 536 (1989), and, in the absence of concealment of the wrong, when the injury occurs, not when it is discovered.

Section 16-56-105(4) gives trespass claims a three-year limitations period that begins when the trespass occurs, even if the owner discovers it later.

Atlanta Exploration, Inc. v. Ethyl Corp. · filed 1990-02-12(4)

Considering appellants’ final argument, we first note that all parties agree that the appellants’ claims are ones of trespass and that the three-year statute of limitations under Ark. Code Ann. § 16-56-105(4) (1987) applies. The parties differ, however, on when the limitation commenced. ... Appellee argues the limitation period began when the original trespass occurred in 1982. The trial court agreed with appellee’s position below, and on appeal, we agree as well.

Section 16-56-105 gives negligence claims a three-year limitations period that is tolled while the plaintiff has no injury and no claim.

Smackover State Bank v. Oswalt · filed 1991-12-23

Here, although the statute commenced running upon the issuance of the certificate, Mr. Oswalt’s claim against the Bank ceased to exist once he was paid the amount of the deposit, six months later. The running of the statute was tolled until the probate court issued its order on April 28, 1988, disallowing the accounting, and Mr. Oswalt’s complaint, filed only two weeks after that date, was thus timely.

The three-year limitations period for attorney negligence begins when the negligence occurs, absent concealment, rather than when the client discovers it.

Goldsby v. Fairley · filed 1992-05-18

But, since 1877, it has been the law in Arkansas that the statute of limitations in an action against an attorney for negligence begins to run, in the absence of concealment of the wrong, when the negligence occurs, not when it is discovered by the client.

Section 16-56-105’s three-year limit covers claims based on an oil and gas lease’s implied covenant to market; the period begins when the claimant knows or, with due diligence, should know the facts giving rise to the claim.

Klein v. Jones · filed 1993-01-22

We recognize that the clear language of § 16-56-105 encompasses the oil and gas leases of appellants, including the implied covenant which is an integral part of such lease. ... Appellants claim the statute did not begin to run until they had or, by the exercise of due diligence, should have known, the facts that gave rise to their cause of action. We agree.

Section 16-56-105 gives a three-year limitations period for misrepresentation claims that, absent concealment, begins when the wrong occurs.

Hampton v. Taylor · filed 1994-12-05

The applicable statute of limitations is the three-year period provided in Ark. Code Ann. § 16-56-105 (1987). The statutory limitation period begins to run, in the absence of concealment of the wrong, when the wrong occurs, not when it is discovered.

The three-year limitations period for invasion of privacy begins when the wrongful act occurs, unless affirmative concealment tolls it.

Norris v. Bakker · filed 1995-05-30

Once again, in the absence of concealment of the wrong, the statutory period begins to run when the wrongful act occurs, not when it is discovered. ... Because Norris failed to show an affirmative act of concealment by Bakker, Norris’ cause of action advanced under either a medical injury or invasion of privacy theory accrued on March 17, 1989, her last treatment date.

The three-year limitation for trespass can begin when the plaintiff discovers the cause of concealed contamination.

State v. Diamond Lakes Oil Co. · filed 2002-02-14(4)

We find application of the discovery rule to be appropriate in light of the facts presented in this case, as even ADEQ frames its argument in terms of when Diamond Lakes “knew or should have known” of the contamination. ... Specifically, until Waggoner learned that Diamond Lakes’ injury was caused by the migration of gasoline from the Malvern Chief, his cause of action had not accrued, and did not accrue until 1997.

Section 16-56-105 sets a three-year limitations period for oral agreements; for installment payments without an acceleration clause, the period runs separately as each payment becomes due and unpaid.

Cobb v. Leyendecker · filed 2005-01-12

At issue is whether the trial court should have applied the three-year limitations period for oral agreements under Ark.Code Ann. § 16-56-105 (1987) or the five-year limitations period for written agreements under Ark. Code Ann. § 16-56-111 (Supp.2003). ... In light of these factors, we hold that there was no written agreement between the parties. Consequently, the three-year statute of limitations is applicable. ... Arkansas law states that when an obligation is made payable by installments, the statute of limitations runs against each installment as it becomes due and unpaid. ... Applying the three-year statute of limitations, any obligation due prior to January 28, 1999, cannot be enforced, but Leyendecker is entitled to pursue any money owed after that date.

Section 16-56-105’s three-year limitations period applies when oral modifications replace a written contract with a new oral contract.

Davis v. Patel · filed 1990-09-05

The trial court granted the motion and entered an order in which it found that the undisputed facts established that the written contract had been so altered by oral modification as to constitute a new oral contract subject to the three-year statute of limitations provided in Ark. Code Ann. § 16-56-105 (1987). The action was therefore barred. We find no error. We agree with the trial court that the three-year statute of limitations was applicable and effectively barred the action.

Section 16-56-105’s three-year limitations period does not govern an action to specifically enforce a written contract; the five-year period in § 16-56-111 applies.

Ingram v. Chandler · filed 1998-07-01

It cited Arkansas Code Annotated § 16-56-105 (1987), which applies a three-year statute of limitations to a variety of actions. ... Appellants’ first amended complaint seeks to specifically enforce the 1981 contract. Therefore, the five-year statute of limitations contained in § 16-56-111 applies to their complaint.

Section 16-56-105 sets a three-year limitations period for oral contracts; it does not govern claims for breach of a written contract.

Ray & Sons Masonry Contractors, Inc. v. United States Fidelity & Guaranty Co. · filed 2003-05-15

The three year statute of limitations in Section 16-56-105 applies to oral contracts.

Section 16-56-105's three-year limitations period bars a personal injury claim when equitable estoppel does not prevent the defendant from asserting the defense.

Burdine v. Dow Chemical Co. · filed 1991-01-18

Based on the employees’ knowledge of their injuries in 1977, and their freedom to file personal injury claims against Dow for such injuries, the district court was correct in concluding that no genuine issue of material fact existed on the issue of equitable estoppel. Therefore, Dow was not precluded from asserting a defense based on the Arkansas three-year statute of limitations, and the personal injury claim against Dow, filed in 1987, was barred by the statute of limitations.

Section 16-56-105 applies to claims based on implied covenants in oil and gas leases; its three-year period begins when the claimant knows or, with due diligence, should know the facts giving rise to the claim.

Klein v. Jones · filed 1992-11-25(3)

We recognize that the clear language of § 16-56-105 encompasses the oil and gas leases of appellants, including the *533implied covenant which is an integral part of such lease. ... Appellants claim the statute did not begin to run until they had or, by the exercise of due diligence, should have known, the facts that gave rise to their cause of action. We agree. The statute did not begin to run until late March, 1991, and the action is not time barred.

Section 16-56-105 gives tort actions a three-year limitations period, which is tolled by affirmative fraudulent concealment.

First Pyramid Life Insurance Co. of America v. Stoltz · filed 1992-12-21

The limitations period on torts actions is three years. Ark. Code Ann. § 16-56-105 (1987). ... The statute is tolled only when the ignorance is produced by affirmative and fraudulent acts of concealment. ... As there was an absence of fraud or concealment on the part of First Pyramid, it was entitled to the benefit of the statute of limitations.

Section 16-56-105’s three-year limitations period is tolled when fraud conceals the wrong until it is discovered or should have been discovered through reasonable diligence.

Gibson v. Herring · filed 1998-10-07

However, when there have been affirmative acts of concealment, the statute begins to run at the time the cause of action is discovered or should have been discovered by reasonable diligence. ... We agree that genuine issues of material fact remain as to this aspect of fraudulent concealment: Viewing the evidence in the light most favorable to appellant, the alleged act of concealment is part and parcel of the wrongful act complained of.

Section 16-56-105 gives fraud claims a three-year limitation period; fraudulent concealment suspends that period until the plaintiff discovers the fraud or should discover it through reasonable diligence.

Adams v. Wolf · filed 2001-05-02

The statute of hmitations for fraud is three years. ... A concealed fraud suspends the running of the statute of hmitations, and the suspension remains in effect until the party having the cause of action discovers the fraud or should have discovered it by the exercise of reasonable diligence.

Section 16-56-105’s three-year limitations period is not tolled by continued nondisclosure without evidence of fraudulent concealment.

Technology Partners, Inc. v. Regions Bank · filed 2006-12-20

We therefore affirm the trial court’s conclusion that the statute of limitations was not tolled by fraudulent concealment.

Section 16-56-105(3) sets a three-year limitation for legal malpractice claims, which fraudulent concealment can toll when the fraud is actively concealed and cannot be discovered through reasonable diligence.

Bomar v. Moser · filed 2007-02-28(3)

Bomar admits that he brought his claims a full six years after the failed Boeing deal, which is well beyond the three-year statute of limitations for legal malpractice. See Ark. Code Ann. § 16-56-105(3) (Repl. 2006). ... Accordingly, we hold that summary judgment was improper because Bomar submitted evidence that raised a genuine issue of material fact as to whether Appellees committed acts of fraudulent concealment that tolled the statute of limitations.

Section 16-56-105’s three-year limit bars contract and negligence claims arising from an erroneous paternity test when they are filed more than three years after the test and fraudulent concealment is not claimed.

Tate v. Laboratory Corp. of American Holdings · filed 2008-05-28

The parties in this case agree that the three-year statute of limitations found in Ark. Code Ann. § 16-56-105 controls both appellant’s breach-of-contract and negligence claims. ... At the hearing, appellant abandoned any claim of fraudulent concealment. Without any fraudulent-concealment claim, there can be no claim outside the three-year statute of limitations. We affirm the trial court’s decision to grant appellee’s motion to dismiss.

An action on an oral contract must begin within three years after the claim accrues; absent concealment, the period runs from the injury rather than its discovery.

Grayson & Grayson, P.A. v. Couch · filed 2012-01-04(1)

Actions founded upon an oral contract must be commenced within three years after the cause of action accrues. Ark.Code Ann. § 16-56-105(1) (Repl.2005). The limitations period in actions on contract begins to run when there is a complete and present cause of action, and, in the absence of concealment of the wrong, when the injury occurs, not when it is discovered. ... Here, however, Grayson & Grayson presented evidence that it was not aware of the erroneous fee percentage until after this litigation began, and Couch failed to meet that proof with proof, rendering summary judgment proper.

Section 16-56-105’s three-year limitations period is not tolled for fraudulent concealment when reasonable diligence would have uncovered the alleged misconduct in time.

Schmidt v. Newland & Associates PLLC · filed 2019-06-26

The parties agreed that Arkansas’s three-year statute of limitations facially barred Christy and Holly’s claims. See Ark. Code Ann. § 16-56-105 (implementing a three-year statute of limitations); Alexander v. Flake, 322 Ark. 239, 241, 910 S.W.2d 190, 191 (1995) (applying § 16-56-105 to fraud and breach of fiduciary duty claims). ... We agree with the district court that Holly and Christy’s tolling argument is without merit and their claims are barred by the limitations.

The three-year limitations period for fraud claims begins when the wrongful transaction occurs, even if the plaintiff does not know about it; publicly recorded documents do not warrant tolling for fraudulent concealment.

Fuller v. Lion Oil Trading & Transport · filed 2021-05-18

We agree with the district court that plaintiffs’ claims are time-barred, as the claims accrued when the allegedly fraudulent transactions occurred in 1993 and 1994, even if plaintiffs did not know about them, see Ark. Code Ann. § 16-56-105 (3-year statute of limitations); Hampton v. Taylor, 887 S.W.2d 535, 539 (Ark. 1994) (statute of limitations begins to run when wrong occurs, not when it is discovered); and plaintiffs failed to show that defendant engaged in fraudulent concealment warranting tolling of the statute of limitations, as the allegedly forged documents were publicly recorded, see Paine v. Jefferson Nat’l Life Ins. Co., 594 F.3d 989, 992 (8th Cir. 2010) (tolling for fraudulent concealment requires positive act of fraud that is actively concealed and is not discoverable by reasonable diligence); Hughes v. McCann, 678 S.W.2d 784, 786 (Ark. Ct. App. 1984) (filing for public record and concealment are mutually exclusive).

Section 16-56-105(3) gives legal-malpractice claims a three-year limitations period that begins when the wrong occurs unless fraudulent concealment tolls it.

Nichols v. James Swindoll and Chuck Gibson · filed 2023-06-08(3)

Absent fraudulent concealment, the statute of limitations was not tolled until March 2020. Instead, it began to run on January 19, 2018 and expired three years later on January 19, 2021.

Section 16-56-105(6)'s three-year limitations period applies to bailment of personal property and begins when the bailor demands its return and the bailee refuses.

Johnson v. Gilliland · filed 1995-03-20(6)

For example, in cases of bailment of personal property, the same three-year statute of limitations period for conversion applies, but it does not begin to run until there has been a demand by the bailor and a refusal by the bailee.

Section 16-56-105(3) provides a three-year limitations period for actions founded on contract or liability, which Arkansas does not toll under the doctrine of adverse domination.

Resolution Trust Corp. v. Armbruster · filed 1995-04-12(3)

The applicable Arkansas statute provides a three-year limitations period for “[a]ll actions founded on any contract or liability, expressed or implied.” Ark.Code Ann. § 16-56-105(3) (Michie 1987). ... Therefore, we conclude that the Arkansas courts do not recognize the doctrine of adverse domination and that the district court erred in denying the former officers’ and directors’ motion for summary judgement.

Section 16-56-105 gives bad faith and negligence claims a three-year limitations period; when personal liability is the last essential element of injury, the claims accrue when that liability is established.

Carpenter v. Automobile Club Interinsurance Exchange · filed 1995-07-03

Both appellants argue, and Carpenter agrees, that her bad faith and negligence claims were subject to a three-year statute of limitations, Ark.Code Ann. § 16-56-105. ... We hold, under the facts of the present case, that Carpenter’s injury was the last element essential to her claims and that her injury occurred when she became personally hable to the Whites and Giles in the underlying state court action. Thus, accrual occurred on September 3, 1991.

Section 16-56-105 gives a claim for an insurance agent’s negligence three years from the negligent act, absent concealment of the wrong.

Calcagno v. Shelter Mutual Insurance · filed 1997-12-18

The parties to this suit agree that the applicable statute of limitations for negligent acts of an insurance agent is three years. See Ark. Code Ann. § 16-56-105 (1987); Flemens v. Harris, 323 Ark. 421, 915 S.W.2d 685 (1996). ... In Flemens, 323 Ark. 421, 915 S.W.2d 685, which was relied upon by the court of appeals, this court held that in an action for negligence against an insurance agent, the three-year-limitations period begins to run, absent concealment of the wrong, on the date that the negligent act was committed, rather than the date that it was discovered. ... Applying the holding in Flemens, it is clear that Appellant’s claim for the alleged negligent actions of Bledsoe is precluded by the statute of limitations.

Section 16-56-105 gives negligence claims a three-year limitation period that begins when the negligent act occurs.

Certain Underwriters at Lloyds v. REGIONS INSURANCE, INC. · filed 2009-05-11

I find that the three-year statute of limitations on the Underwriter’s negligence claim began to run in July, 2002, and has expired.

Section 16-56-105 sets a three-year limitations period for insurance bad faith claims.

Carte v. Owners Insurance Company · filed 2019-02-14

Turning to the bad faith claim itself, the statute of limitations is three years.

Section 16-56-105 gives negligence claims a three-year limitations period.

Jackson v. Bank of America · filed 2022-09-28

A three-year statute of limitations applies to tort actions for negligence. ... The negligence claim is therefore time-barred.

Section 16-56-105 gives legal malpractice claims a three-year limitations period that ordinarily begins when the negligence occurs, subject to tolling for fraudulent concealment.

Smothers v. Clouette · filed 1996-12-23

This court has consistently recognized that the three-year statute of limitations applies to actions against an attorney for negligence. ... The statute of limitations in such actions begins to run, in the absence of concealment of the wrong, when the negligence occurs, not when the negligence is discovered. ... We conclude that the evidence submitted below, primarily in the form of Appellant's affidavit, did leave room for a reasonable difference of opinion, and that there was a fact question as to whether the statute of limitations was tolled by any affirmative acts of fraud or concealment on the part of Appellee. Furthermore, we conclude that there was a fact question as to when the negligent act occurred, and consequently, as to when the statute of limitations began to run.

Section 16-56-105 gives legal malpractice claims three years to be filed, with the period beginning when the negligent act occurs.

Ragar v. Brown · filed 1998-03-12

Section 16-56-105 provides for a three-year statute of limitations period in actions based in contract or liability, including unwritten breaches of duty. ... We respectfully decline this opportunity to change our interpretation of section 16-56-105 and hold that Goldsby, 309 Ark. 380, 831 S.W.2d 142, continues to be the Arkansas rule, and accordingly, do not depart from the occurrence rule.

Section 16-56-105 requires a legal-malpractice claim to be filed within three years of when the negligence occurs.

Dunn v. Westbrook · filed 1998-07-09

As this is a legal-malpractice action, Ark.Code Ann. § 16-56-105 is the applicable statute of limitations. The statute requires a claim for malpractice to be filed within three years of "when the negligence occurs." ... Therefore, under § 16-56-105, Mr. Westbrook and the Mitchell Firm were entitled to summary judgment on the claim that Mr. Westbrook committed legal malpractice in 1991.

The three-year limitation applies to legal-malpractice claims even when a written fee agreement generally promises diligent representation.

Sturgis v. Skokos · filed 1998-11-05

It is well established that the three-year statute of limitations applies to legal malpractice actions. ... The question thus becomes whether the reference to diligence in the contract is the sort of specific promise that transforms the gist of the action from one for negligence into one for breach of the written agreement. We hold that it does not.

Section 16-56-105’s three-year limitation applies when the facts alleged amount to attorney malpractice, even if the complaint also alleges breach of a written contract.

Kassees v. Satterfield · filed 2009-02-26

Kas-sees contends that the circuit court erred in applying the three-year statute of limitations for legal-malpractice claims, Ark. Code Ann. § 16-56-105 (Repl.2005), to his complaint and that the court should have found that the five-year statute of limitations for the breach of a written contract, Ark.Code Ann. § 16-56-111 (Repl.2005), applied instead. However, we hold, as Satterfield argued, that the circuit court was correct in applying the three-year statute of limitations because the facts stated in Kassees’s complaint actually alleged attorney malpractice.

Section 16-56-105(3) gives a plaintiff three years to bring a legal-malpractice action; fraudulent concealment can toll that period, but the plaintiff must sufficiently plead it.

Nichols v. James Swindoll and Chuck Gibson · filed 2023-06-08(3)

The statute-of- limitations period for legal-malpractice actions is three years. Ark. Code Ann. § 16-56-105(3) (Repl. 2005). ... We find Delanno to be dispositive of the present case and hold that Nichols has failed to plead fraudulent concealment.

Section 16-56-105 gives a plaintiff three years to bring a legal-malpractice action, with the period beginning when the alleged negligence occurs absent concealment of the wrong.

Madding v. Keech Law Firm, P.A. And Ppgmr Law, P.L.L.C. · filed 2023-09-13

The statute of limitations for legal-malpractice actions is three years. ... Accordingly, any legal malpractice had to occur, if at all, no later than July 26, 2016, and the statute of limitations expired three years later, on July 26, 2019.

Section 16-56-105 limits legal malpractice claims to negligent acts within three years before the suit is filed.

Gerber Products Company v. Mitchell Williams Selig Gates · filed 2022-03-11

The only acts falling within Arkansas’s three-year statute of limitations were those that occurred on or after January 15, 2016, which was exactly three years before Gerber filed its malpractice suit.

Section 16-56-105 gives negligence claims a three-year filing period measured from the date of injury.

Cearley v. Bobst Group North America Inc · filed 2022-09-30

Cearley’s deadline for filing the negligence, products liability, breach of warranty, and survival claims against Siemens Industry, Inc. was November 22, 2019, which was three years from the date Holland was injured. See Ark. Code Ann. § 16-56-105 (three-year statute of limitations for negligence claims); ... Ark. Code Ann. §§ 16-62-101(a)(1) and 16-56-105(3) (three-year statute of limitations for survival claims).

Section 16-56-105 imposes a three-year limitations period on negligence actions; filing a complaint does not preserve the claim if the action is not timely commenced through service.

Sublett v. Hipps · filed 1997-10-02

The touchstone for a limitations defense to a tort action is when the cause of action was commenced. See Ark. Code Ann. § 16-56-105 (1987). Berry raised the statute of limitations as an affirmative defense in his answer and has shown failure to commence the litigation within three years as required by our caselaw.

A defendant seeking summary judgment under Section 16-56-105’s three-year limitation for a negligence claim must offer evidence showing the limitation applies.

United States Fidelity & Guaranty Co. v. A & A Masonry, Inc. · filed 1999-04-29

However, the Court also granted the same relief to the other defendants who adopted Umphers’s statute-of-limitations argument but, unlike Umphers and Franklin, did not offer proof of its application to their claims. We, therefore, reverse the court’s grant of summary judgment to those appellees who did not offer evidence by affidavit showing their entitlement thereto and remand for further proceedings consistent with this opinion.

Section 16-56-105’s three-year limitation for tort actions does not apply to medical injury claims governed by the Medical Malpractice Act.

Kohl v. American Home Products Corp. · filed 1999-12-29

Similarly, we reject Kohl’s argument that Arkansas’ general three year statute of limitations for tort actions applies.

Section 16-56-105’s three-year period does not govern a negligence suit against a Tennessee municipality when comity calls for applying the Tennessee Governmental Tort Liability Act’s limitation period.

Harris v. City of Memphis, Tenn. · filed 2000-09-29

The issue presented is whether the one (1) year statute of limitations provided in the TGTLA is applicable, or whether the Arkansas three (3) year statute of limitations for common law negligence actions is applicable. ... The doctrine of comity again persuades the Court that the applicable law is that found within the TGTLA.

Section 16-56-105(3)'s three-year limitation does not bar a state agency's action to enforce rights belonging to the public.

Arkansas Department of Environmental Quality v. Brighton Corp. · filed 2003-04-03(3)

In the present case, the "rights" at issue belong to the public—i.e., the enforcement of environmental regulations intended to improve the environment for the benefit of the public—and the state agency represents the public at large; therefore, the exemption applies, and the statute of limitations does not bar the action.

Section 16-56-105 provides the three-year limitations period applicable to § 1981 claims brought in Arkansas.

Thompson v. Wal-Mart Stores, Inc. · filed 2004-03-10

The Court concludes that the three year statute of limitations contained in Ark.Code Ann. § 16-56-105 is the most analogous to § 1981 claims and therefore DENIES Defendant’s motion to dismiss.

Section 16-56-105(1) gives a plaintiff three years after accrual to bring an unwritten contract action, and a debtor’s voluntary payment tolls that period.

Helms v. University of Missouri · filed 1999-02-24(1)

In Arkansas, actions founded upon any contract not under seal and not in writing shall be commenced within three years after the cause of action accrues. Ark. Code Ann. § 16-56-105(1) (1987). ... Here, appellant paid the full amount due upon his graduation within either limitation period. Although he argues that this payment was not voluntary, appellant did not indicate this on the check or to appellee. Consequendy, the payment tolled the statute of limitations. Therefore, appellee’s cause of action did not accrue when the tuition was due but when appellant repudiated his performance by stopping payment on the check.

Section 16-56-105(1) gives actions on an open account a three-year limitation period that restarts when the debtor makes a voluntary partial payment.

Northwest Arkansas Recovery, Inc. v. Davis · filed 2004-12-15(1)

The three-year statute of limitations in Ark. Code Ann. § 16-56-105(1) (1987) applies to actions on an open account. ... The law is well settled that a voluntary partial payment arrests the running of the statute of limitations and forms a new period from which the statute must be computed. ... The January 2001 payment extended the limitations period for another three years. The present suit was filed in November 2001, well within three years from the last payment.

Section 16-56-105(3) provides a general three-year limit for constructive fraud claims, but the Time-Share Act’s specific limitation period governs claims brought under that Act.

Donald D. Kessler, on Their Own Behalf and on Behalf of All Others Similarly Situated v. National Enterprises, Inc. Arkansas No. 1 Lcc · filed 2001-01-30(3)

The district court addressed both the general five-year statute of limitations for breach of contract claims found at Ark.Code Ann. § 16-56-111(b), and the general three-year statute of limitations for constructive fraud claims found at Ark.Code Ann. § 16-56-105(3), and concluded that the plaintiffs’ claims were not barred under either statute. We agree with the district court’s conclusion, but not with its reasoning. ... we conclude that Time-Share Act’s statute of limitations governs this action.

Section 16-56-105’s general limitations period yields to the Time-Share Act’s specific limitations period for these time-share claims.

National Enterprises, Inc. v. Kessler · filed 2005-09-15

We affirm the circuit court and hold that the specific statute under the Time-Share Act (§ 18-14-403) controls as opposed to the general limitations statute (§ 16-56-105).

Section 16-56-105(3) provides a general three-year limit for constructive fraud claims, but the Time-Share Act’s specific limitations period governs claims under that Act.

Kessler v. Natl. Enterprises · filed 2001-01-30(3)

The district court addressed both the general five-year statute of limitations for breach of contract claims found at Ark. Code Ann. § 16-56-111(b), and the general three-year statute of limitations for constructive fraud claims found at Ark. Code Ann. § 16-56-105(3), and concluded that the plaintiffs' claims were not barred under either statute. ... Having determined that NEI may be subject to liability for the original developer's obligations ... pursuant to the Arkansas Time-Share Act, we conclude that Time-Share Act's statute of limitations governs this action.

Section 16-56-105’s three-year limitation does not bar a municipality’s clean-up lien enforced by certification to the county tax collector.

Taylor v. City of Fort Smith · filed 2014-09-03

Taylor argues alternatively that the City’s lien claim is barred by other, more general statutes of limitation.11 We disagree.

Section 16-56-105’s three-year limit for negligence claims does not apply when the complaint alleges breach of a specific contractual promise.

Farris v. Conger · filed 2017-03-09

In contrast, Farris’s amended complaint set forth Conger’s specific promise under the contract. ... Nevertheless, Farris’s amended complaint also pleaded a breach of contract and a specific promise. Thus, we hold that the circuit court erred in failing to apply the five-year statute of limitations for contract claims.

Section 16-56-105’s three-year period for tort claims yields to the statute of nonclaim when the claim was not barred at the decedent’s death.

Marcum v. Robert Hodge, Special Administrator of the Estate of Nicholas Hendricks · filed 2023-06-15(1)

If the claim would not have been barred, then the general statute of limitations yields to the statute of nonclaim, and the claimant must comply with the requirements therein.

Section 16-56-105’s three-year limitations period does not apply to civil claims under the Arkansas Franchise Practices Act; the five-year catch-all period applies.

Miller Brewing Co. v. Ed Roleson, Jr., Inc. · filed 2006-01-19

We hold that neither Ark.Code Ann. § 16-56-105 nor Ark.Code Ann. § 16-56-111(a) applies in this case. The circuit court was correct: the catch-all, five-year statute of limitations applies to claims under the Franchise Act because none of the other statutes specifically applies.

Section 16-56-105(3) gives a plaintiff three years from accrual to sue for breach of an implied contract; continued use of information after the initial breach does not restart the period.

Quality Optical of Jonesboro, Inc. v. Trusty Optical, L.L.C. · filed 2006-01-26(3)

The statute of limitations for an implied contract is also found in Ark. Code Ann. § 16-56-105, which states in part: “The following actions shall be commenced within three (3) years after the cause of action accrues ... (3) All actions founded on any contract or liability, expressed or implied.” ... Here any contract was breached at the time that Trusty left Quality Optical and began to compete with them, using information he had acquired during the course of his employment. Again, there is no dispute that this first occurred more than three years prior to the filing of the action, and despite the fact that the information is continuing to be used, this cause of action is also barred by the applicable three year statute of limitations.

Section 16-56-105 gives a plaintiff three years to bring a breach-of-implied-contract claim.

Turner v. XTO Energy, Inc. · filed 2019-08-06

An implied contract has a three-year statute of limitations period. Mr. Turner would have had to file his breach of contract claim by September of 2002 for the action to be timely.

Section 16-56-105 gives oral-contract and quasi-contract claims three years; each monthly contractual underpayment is a separate breach for limitations purposes.

Mountain Meadows Pet Products, Inc. v. NT Consulting · filed 2026-02-23(1), (3)

The statute of limitations for oral contract and quasi-contract claims in Arkansas is three years. Ark. Code Ann. § 16-56-105(1), (3). ... The Court therefore concludes that each monthly underpayment or nonpayment constitute “separate and singular breaches under Arkansas law,” so claims based on underpayment or nonpayment on or after November 8, 2021, are not time-barred.

Section 16-56-105(1) applies a three-year limitations period to an obligation fixed by statute that is neither under seal nor in writing.

City of Pocahontas v. Huddleston · filed 1992-05-11(1)

The obligation sued on by the appellees was not under seal and not in writing. Rather it was the City’s obligation to its employees as fixed by statute. These circumstances fit within thbe described actions under section 16-56-105.

Section 16-56-105(3) gives a plaintiff three years to bring an action founded on a statutory liability, including a claim for ERISA disclosure penalties.

Gonser v. Continental Casualty Co. · filed 2007-09-27(3)

Under Ark.Code Ann. § 16-56-105(3) all actions founded on any contract or liability, expressed or implied must be brought within three years.

Section 16-56-105 provides a three-year limitation period for actions based on statutory liabilities when the statute creating the liability sets no limitation period.

Douglas v. First Student, Inc. · filed 2011-11-03

Accordingly, based on our long history of applying § 16-56-105’s three-year limitation period for statutorily created liabilities that do not contain an express limitations period, we hold that a three-year statute of limitations would apply to private causes of action brought pursuant to the AMWA.

Section 16-56-105’s three-year limit does not apply to credit card debt governed by a written agreement accepted through use of the card.

In Re Brown · filed 2009-03-19

Applying Arkansas law, and taking into account the written Agreement attached to the Creditor’s claim, the Court finds that the Agreement is a written contract and is governed by the five-year statute of limitations, as explained below.

Section 16-56-105(1)’s three-year limit for unwritten obligations does not apply to credit card debt, which is subject to a five-year limit.

In re Richardson · filed 2016-04-19(1)

Based on the foregoing discussion, the Court holds that the five year statute of limitations is applicable to credit card debt.

Section 16-56-105 provides a three-year limitations period for certain tort actions.

Patel v. Trivedi · filed 2013-10-31

To begin, we agree with the district court that the Patels’ tort claims were time-barred, and we decline to consider the issues of equitable tolling and equitable estoppel, which they did not raise in the district court.

Section 16-56-105 provides a three-year limitation period for retaliation claims under Ark. Code Ann. § 16-123-108.

Smith v. ConAgra Foods, Inc. · filed 2013-12-05

We agree with this analysis that a section 16-56-105 three- year limitations period would apply to retaliation claims rather than the section 16-56-115 five-year “catch-all.”

Section 16-56-105 sets a three-year limitations period for negligence and claimed obligations not expressed in writing.

Moody v. Tarvin · filed 2016-03-16

There is a three-year statute of limitations applicable to negligence and other claimed obligations not expressed in writing.

Section 16-56-105’s three-year limitation period bars fraud, promissory estoppel, unjust enrichment, and negligence claims filed more than three years after they accrue.

Crutchfield v. Tyson Foods, Inc. · filed 2017-03-01

The Crutchfields filed their complaint on April 30, 2015, more than three years after having received this letter. Therefore, their causes of action for fraud, promissory estoppel, unjust enrichment, and negligence are barred by the statute of limitations.

Section 16-56-105(3) provides a three-year limitations period for ACRA, civil conspiracy, and outrage claims.

Hutcherson v. Rutledge · filed 2017-12-14(3)

Based on the above, all of Hutcherson’s claims are subject to the three-year statute of limitations found in Arkansas Code Annotated section 16-56-105(3).

Section 16-56-105(3) provides the three-year limitations period for § 1983 personal injury claims filed in Arkansas; fraudulent concealment tolls that period only until the plaintiff learns of the wrong or has objective notice to investigate.

Spradling v. Hastings · filed 2019-01-08(3)

To summarize, under Arkansas law, “the limitations period could only be tolled until such time that [the plaintiff] learned of the wrong or was placed on objective notice of the need to investigate the matter.” ... Spradling was on objective notice of the need to further investigate the circumstances surrounding Collin’s death. He thus does not satisfy the requirements of equitable tolling.

The three-year limitation for negligence actions bars a complaint against a special administrator filed after the period expires when the earlier complaint named a deceased defendant.

Plunkett v. Cheryl Vosburg, in Her Capacity as Special Administrator of the Estate of Howell Griffin · filed 2022-11-30

The November 6, 2020 amended complaint naming the special administrator began a new lawsuit that was subject to the statute of limitations, which had expired on August 4, 2020.