Category: Cases

SCOA: Abandoned Client Must Show Diligence

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Case: The Entertainer, Inc. v. Duffy, 2012 Ark. 202, decided on May 10, 2012.

Main Issue

Under what circumstances may a defendant get a default judgment set aside when the default is allegedly the result of the defendant being abandoned by his attorney?

Background

This case originated as a personal injury action brought by Cory Duffy, the patron of a drinking establishment operated by The Entertainer, Inc. (“TEI”) and Charles Wells. Duffy sought damages against TEI and Wells after he was shot twice while waiting outside the business for a taxi.

Duffy filed his suit on November 30, 2009. Over the next 13 months, both defendants ended up in default. Continue reading SCOA: Abandoned Client Must Show Diligence

ACOA: Permissible to Replay Video Deposition During Deliberations

Case: Padilla v. Archer, 2011 Ark.App. 746, decided on December 7, 2011.

The defendant physician brought this appeal from an unfavorable jury verdict. The plaintiff is a former patient claiming medical negligence.

One of the defendant’s arguments was that the trial court improperly permitted the jury to view a plaintiff’s expert deposition during deliberations. The expert was a physician who treated the plaintiff after the alleged negligence.

During deliberations, the jury requested to see the expert’s deposition transcript. The trial court denied the request because the transcript was not an exhibit. The court said the jurors should rely on their memories and notes regarding the expert’s testimony, but if desired, they could view the video deposition again. The jury chose to see the deposition again. Continue reading ACOA: Permissible to Replay Video Deposition During Deliberations

SCOA: Certified Docket Sheet Requirement for District Court Appeal is Jurisdictional

In Duffy v. Little, 2011 Ark. 16, decided on April 14, 2011, a homeowner filed a breach-of-contract action in district court against a contractor over an alleged breach of contract for renovation work.

Following a hearing, the district court awarded the homeowner $5,000.00 plus costs. The judgment was entered on April 17, 2009.

For his appeal of the district court judgment, the contractor on April 16, 2009 filed his notice of appeal and a certified copy of the hearing transcript. The contractor did not file his circuit court complaint until the circuit court’s August 28, 2009 order granting his request to proceed in forma pauperis. Continue reading SCOA: Certified Docket Sheet Requirement for District Court Appeal is Jurisdictional

SCOA: Summons with Official Court Seal Triggers Valid Signature Presumption

In Unimeks, LLC v. Purolite, 2012 Ark. 20, — S.W.3d —-, decided on Jan. 26, 2012, a judgment debtor argued to Pulaski County Circuit Court that the default judgment entered against it should be set aside because of an invalid summons. The debtor argued that the summons did not meet the requirements of Rule 4(b) of the Arkansas Rules of Civil Procedure because it did not bear a valid circuit clerk signature.

The circuit court denied the debtor’s motion to set aside. The debtor appealed, and the case was certified to the Arkansas Supreme Court. Continue reading SCOA: Summons with Official Court Seal Triggers Valid Signature Presumption

SCOA: Nonsuiting Plaintiff Cannot Be Assessed Costs Until Refiling

In Kesai v. Almand, 2011 Ark. 207, — S.W.3d —-, decided on May 12, 2011, the plaintiff brought suit in Washington County Circuit Court seeking damages from a motor vehicle accident. The case proceeded to trial, and a jury was impaneled, selected, and sworn.

Just before the trial began, the plaintiff requested a voluntary dismissal. Because the jury had already been sworn, the circuit court entered an order charging the plaintiff with the costs of the court interpreter and with jury expenses. The order was amended to substitute the plaintiff’s counsel as the party responsible for paying the trial costs.

On appeal, the supreme court held that the circuit court order was in error. Continue reading SCOA: Nonsuiting Plaintiff Cannot Be Assessed Costs Until Refiling