Benton School District v. Brandi Greer - Attorneys' Fees Award Reversed
Summary
The Supreme Court of Arkansas reversed and dismissed an award of $106,959.79 in attorneys' fees and costs to Brandi Greer. This decision follows the reversal of the underlying judgment in a companion case, rendering Greer no longer the prevailing party.
What changed
The Supreme Court of Arkansas, in Benton School District v. Brandi Greer, has reversed and dismissed an award of $106,959.79 in attorneys' fees and costs. This action is a direct consequence of the court's decision in a companion case (No. CV-25-11) where the underlying judgment in favor of Brandi Greer was reversed. Consequently, Greer is no longer considered the prevailing party, necessitating the reversal of the fee award.
This ruling means that the previously awarded attorneys' fees and costs are no longer valid. Regulated entities, particularly educational institutions involved in litigation, should note that the outcome of the merits of a case directly impacts any associated fee awards. While this specific case involves a reversal, it underscores the principle that prevailing party status is a prerequisite for recovering legal costs and fees.
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March 12, 2026 Get Citation Alerts Download PDF Add Note
Benton School District; Lori Bacon, in Her Individual and Official Capacity; And Lita Gattis, in Her Individual and Official Capacity v. Brandi Greer
Supreme Court of Arkansas
- Citations: 2026 Ark. 51
Docket Number: Unknown
Combined Opinion
Cite as 2026 Ark. 51
SUPREME COURT OF ARKANSAS
No. CV-25-285
Opinion Delivered: March 12, 2026
BENTON SCHOOL DISTRICT; LORI
BACON, IN HER INDIVIDUAL AND APPEAL FROM THE SALINE
OFFICIAL CAPACITY; AND LITA COUNTY CIRCUIT COURT
GATTIS, IN HER INDIVIDUAL AND [NO. 63CV-20-522]
OFFICIAL CAPACITY
APPELLANTS HONORABLE BRENT DILLON
HOUSTON, JUDGE
V. REVERSED AND DISMISSED.
BRANDI GREER
APPELLEE
RHONDA K. WOOD, Associate Justice
This is an appeal concerning the award of $106,959.79 in attorneys’ fees and costs to
the appellee, Brandi Greer. Today this court reversed the merits of the underlying judgment
in a companion case, No. CV-25-11. See Benton Sch. Dist. v. Greer, 2026 Ark. 53, ___
S.W.3d ___. Greer is no longer the prevailing party. We have held that when we reverse a
judgment in favor of a prevailing party, the attorneys’-fees award “must also be reversed,”
and it is unnecessary to consider the arguments regarding the award of the fees and costs.
Pettus v. McDonald, 343 Ark. 507, 516–17, 36 S.W.3d 745, 751 (2001). Accordingly, we
reverse and dismiss the award of attorneys’ fees and costs in its entirety.
Reversed and dismissed.
BAKER, C.J., concurs.
HUDSON, J., dissents.
COURTNEY RAE HUDSON, Justice, dissenting. The majority reverses and
dismisses the award of attorneys’ fees and costs on the ground that appellee Brandi Greer is
no longer the prevailing party in the underlying case, No. CV-25-11. See Benton Sch. Dist.
v. Greer, 2026 Ark. 53, ___ S.W.3d ___. As I explained in that case, I would affirm in part
and reverse in part. Accordingly, I would reverse the circuit court’s order awarding
attorneys’ fees and costs and remand for consideration of the fee petition in light of that
outcome.
I respectfully dissent.
Taylor & Taylor Law Firm, P.A., by: Jennifer Williams Flynn, Tory H. Lewis, Andrew
M. Taylor, and Tasha C. Taylor, for appellants.
Sutter & Gillham, P.L.L.C., by: Luther Oneal Sutter and Lucien Gillham for appellee.
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