Byrd v. State
2016 Ark. App. 489
| Ark. Ct. App. | 2016Background
- Appellant Byrd challenges a default judgment in an in rem forfeiture case arising from a 2014 seizure of a vehicle and currency in Madison County.
- State seized Byrd’s 2011 Mazda and $840, and co-defendant Moore’s $1,812 was seized.
- State filed In Rem Complaint CV2014-71 on August 11, 2014 seeking forfeiture under Ark. Code Ann. § 5-64-505(g).
- Service of process: summons and complaint allegedly served on Byrd’s attorney on September 9, 2014; Byrd later testified he was served with Moore’s complaint, not Byrd’s.
- Byrd answered the correct case (CV2014-71) but his answer related to a different docket number/case (CV2014-72) and a different defendant.
- Trial court granted default judgment sua sponte on June 8, 2015, without a proper Rule 55 application or three-days’ written notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service of process was proper | Byrd argues improper service; he claims he received the wrong complaint. | State asserts proper service based on return of service and Byrd’s answer to the correct complaint. | Service deemed proper; no reversible error on service. |
| Whether default judgment was proper under Rule 55 | State was not entitled to default because no proper Rule 55 application or notice. | Trial court sua sponte granted default despite lack of application/notice. | Default judgment reversed for lack of application and three-days’ notice under Rule 55. |
Key Cases Cited
- Jones v. Turner, 2009 Ark. 545 (Ark. 2009) (authority on personal jurisdiction when service is defective or improper)
- State v. West, 2014 Ark. 174 (Ark. 2014) (void ab initio if no proper service and no jurisdiction)
- McMahan v. Ark. Dep’t of Hum. Servs., 2014 Ark. App. 590 (Ark. App. 2014) (de novo review for questions of law on service)
- Shelby County Health Care Corp. v. Teague, 2014 Ark. App. 382 (Ark. App. 2014) (reversal for improper default-judgment application and notice under Rule 55)
- Brooks v. Farmers Bank & Trust Co., 101 Ark. App. 359 (Ark. App. 2008) (three-day notice requirement for default judgments)
- Magness v. Masonite Corp., 12 Ark. App. 117 (Ark. App. 1984) (default-judgment procedures and notice)
- Hunter v. State, 330 Ark. 198 (Ark. 1997) (argument limits on appellate scope)
- Se. Foods, Inc. v. Keener, 335 Ark. 209 (Ark. 1998) (scope of default-judgment rules)