January 23, 2008
RON SHAMLIN, SR., et al.,
AN APPEAL FROM SALINE
COUNTY CIRCUIT COURT
HONORABLE GRISHAM A. PHILLIPS,
QUADRANGLE ENTERPRISES, INC.
AFFIRMED ON DIRECT APPEAL
This appeal involves the wrongful cutting of timber from land owned by appellee
Quadrangle Enterprises, Inc. (Quadrangle). Quadrangle sued appellants Ron Shamlin, Sr.,
Ron Shamlin, Jr., and Arkansas Timber & Logging (ATL), the company owned by Shamlin
Sr., as well as Kenneth Harper and his company, Real Estate Development, Inc. (REDI),
under Ark. Code Ann. § 1860102 (Repl. 2003). The jury awarded Quadrangle $11,500 for
the value of its timber, trebled under the statute to $34,500. The Shamlins and Harper were
made jointly and severally liable for this award. The jury also awarded Quadrangle its costs
of remediation of $12,000, apportioning 85% to Harper and 15% to Shamlin Jr. Finally, the
jury awarded $1,000 for additional timber taken by Harper and trebled it to $3,000, as well
as punitive damages of $25,000. The Shamlins raise four points on appeal. Quadrangle cross
appeals from the circuit court’s order extending the time for the Shamlins to file the record,
1 As a result of this incident, criminal charges were filed against Shamlin Jr. He
ultimately pled guilty to the charges and was sentenced to 120 months’ probation and
ordered to pay restitution of $21,485.
contending that the Shamlins had not ordered the record from the court reporter when they
filed their notice of appeal. We affirm on both direct appeal and crossappeal.
Quadrangle owns over 1,000 acres in Saline County. Its lands surround a tract of
approximately fortyseven acres that belongs to Harper. On May 6, 2003, Harper and ATL
entered into a written agreement whereby ATL was to cut and sell the timber on part of
Harper’s tract. ATL was a sole proprietorship owned by Shamlin Sr., but Shamlin Jr.
managed its day