Tag: Default

SCOA: Abandoned Client Must Show Diligence

Phone. On a white background.

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

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