United States Eighth Circuit

In a suit brought against defendant-church trustee board seeking to collect on a note executed by the board and to foreclose a mortgage on property belonging to the church, a judgment finding the note valid but declining the request for foreclosure is affirmed over claims that the district court erred in: 1) denying plaintiff's motion to recuse; 2) dismissing eight counts from the third amended complaint; 3) placing on plaintiff the burden of proving the board's authority to bind the church; and 4) excluding certain evidence at trial.

Appellate Information

• Decided 11/06/2007
• Published 11/06/2007

Judges

• RILEY, Circuit Judge., Before LOKEN, Chief Judge, BYE and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• E.B. Chiles, IV, argued, Joseph R. Falasco, Benecia B. Moore, Matian M. McMullan, Kelly Halstead, on the brief, Little Rock, AR, for Appellant., C. Richard Crockett, argued, Little Rock, AR, for Joe Givens, Michael R. Thompson, and The New Board of Trustees of the Tabernacle Missionary Baptist Church., William L. Owen, argued, Little Rock, AR, for Casey Roberts, Keith Molden, Wilson Medlock, David Surratt and Paula McMurrian.