Category Archives: Cases

ACOA: Summons Directed to Multiple Defendants Not Fatally Defective


Hall v. State Farm Bank, 2015 Ark. App. 287, 462 S.W.3d 701 (2015).

Appellant debtor sought to invalidate a default judgment issued against him on the basis of an allegedly defective summons.

The debtor, John Hall, claimed that the summons sent to him was invalid because it stated “THE STATE OF ARKANSAS TO DEFENDANT: John and Susan Hall.” The debtor argued that his summons should have only been directed to him.

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ACOA: If 54(b) Certificate Granted, Interlocutory Appeal Must Be Filed in 30 Days or Waiver

Fire Systems Technology, Inc. v. First Community Bank of Crawford County, 2015 Ark. App. 334, 464 S.W.3d 125 (2015).

Appellant subcontractor appealed partial summary judgment order granting loan foreclosure to bank. Circuit court had granted the foreclosure in an interlocutory order which contained a Rule 54(b) certificate.

The subcontractor had filed a notice of appeal within 30 days of that order, but never lodged the record for the interlocutory appeal. Later, once the entire case concluded, the subcontractor appealed the foreclosure order.

Continue reading ACOA: If 54(b) Certificate Granted, Interlocutory Appeal Must Be Filed in 30 Days or Waiver

SCOA: Extension of Time to Lodge Appeal Record Unjustified If No Deposit Until Extension Deadline

City of Little Rock v. Hermitage Development Corporation, 2015 Ark. 453, 476 S.W.3d 788 (2015).

Circuit court granted appellant’s motion for extension of time to lodge record on appeal per Rule 5 of the Arkansas Rules of Appellate Procedure–Civil.

Appellees filed a motion to dismiss the appeal arguing the extension of time to lodge record was granted in error.

The Arkansas Supreme Court agreed and dismissed the appeal.

The supreme court noted that the court reporter’s deposit for preparing the record was not paid until the last day that the extension could be granted.

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SCOA: New Trial Due to Improper Argument Proper Despite No Objection at Time Since Court Aware of Issue

Smith v. Hopper, 2015 Ark. 210, 462 S.W.3d 335 (2015).

In personal injury negligence action, circuit court granted motion for new trial on basis that plaintiff’s counsel misstated in closing argument that a police officer who provided key testimonial evidence had been reprimanded.

Plaintiff argued on appeal that the new trial was improperly granted because there had been no contemporaneous objection during the closing argument.

At trial, the defense counsel had made an objection after the circuit court raised the issue sua sponte.

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ACOA: No Discretion Abuse in Striking Amended Complaint Filed 3 Days Before Summary Judgment Hearing

Orintas v. Point Lookout Property Owners Association Board of Directors, 2015 Ark. App. 648, 476 S.W.3d 174 (2015).

At hearing on appellee’s motion for summary judgment, circuit court granted appellee’s oral motion to strike appellants’ third amended complaint that was filed three days before the hearing.

Appellants argued that striking the complaint was abuse of discretion. Court of appeals affirmed. Continue reading ACOA: No Discretion Abuse in Striking Amended Complaint Filed 3 Days Before Summary Judgment Hearing