Agility Financial Credit Union v. Largent
2017 Ark. App. 197
| Ark. Ct. App. | 2017Background
- Agility obtained a Tennessee judgment against Gayla Largent and registered it in Sebastian County, Arkansas.
- Largent moved to vacate the registration, claiming the supporting affidavit lacked signatures; the circuit court granted the motion and then, four days later, vacated that vacatur after finding the affidavit was properly signed, reinstating the judgment nunc pro tunc to its original filing date.
- During the four-day interval when the registration was vacated, Largent sold Sebastian County real property for about $58,000; the closing agent was Western Arkansas Title Services, LLC (WATS).
- Largent later moved again to set aside the registration, arguing the registered Tennessee judgment was not properly certified on its face as required by Ark. R. Civ. P. 44.
- Agility demanded the sale proceeds from WATS; WATS intervened seeking a declaration that it owed nothing to Agility because the foreign judgment was not properly authenticated.
- The circuit court ruled for Largent, holding that strict compliance with Ark. R. Civ. P. 44 (attestation/certification by the official custodian) is required to register a foreign judgment, even if federal full-faith-and-credit and Arkansas statutes are otherwise satisfied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the order setting aside the registration is appealable | Agility: trial court erred in vacating registration; judgment should be enforced | Largent: registration defective under Ark. R. Civ. P. 44; registration properly set aside | The appeal is premature: the order is not final because WATS’s intervenor claim was unresolved |
| Whether a foreign judgment must strictly comply with Ark. R. Civ. P. 44 to be registered | Agility: registration complied with Uniform Enforcement of Foreign Judgments and full faith and credit requires recognition | Largent/WATS: face certification by the originating clerk per Rule 44 is required; lack of certification defeats registration | Circuit court held Rule 44 strict compliance required for authentication (court resolved Largent’s claim) |
Key Cases Cited
- Miracle Kids Success Acad., Inc. v. Maurras, 503 S.W.3d 94 (Ark. Ct. App. 2016) (finality of order for appeal is jurisdictional)