Middleton v. Lockhart
2012 Ark. 131
| Ark. | 2012Background
- Kenneth Middleton, convicted of murdering his wife in 1991, deeded the Middleton homeplace to Lynn Carl Middleton.
- In 1990 Kenneth was sued in Missouri for wrongful death; a default judgment of $1,350,000 was entered against him in 1992 and registered as a foreign judgment in Newton County.
- In 1999 the chancery court held the conveyance fraudulent and ordered the homeplace sold at execution; the decree incorporated related factual findings and noted the Missouri judgment and post-judgment balances.
- The 1999 decree was appealed and affirmed (Middleton I); the decree was later subject to a petition to revive via writ of scire facias in 2009.
- Appellees sought revival of the 1999 decree; Middleton and Middleton challenged timeliness under Ark. Code Ann. § 16-65-501 and argued the 1992 Missouri judgment was satisfied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the scire facias to revive the 1999 decree | Middletons claim untimely under § 16-65-501 since filed after ten years | Lockharts contend revival timely since based on 1999 decree; Rule 58 doctrine applied | Timely revival; May 25, 1999 is the effective date; filing on May 13, 2009 fell within ten years |
| Independence of revival of 1999 decree from the 1992 Missouri judgment | Revival of 1999 decree depends on viability of 1992 judgment | Revival of the 1999 decree is independent of the 1992 Missouri judgment | Revival independent; circuit court did not err in reviving the 1999 decree |
| Preservation of vague-ambiguous findings | Order lacked specific findings and was vague | Arguments not preserved for review due to timing of preservation | Not preserved; review foreclosed |
Key Cases Cited
- Price v. Price, 341 Ark. 311 (2000) (statutory rendering vs. entry conflict; Rule 58 governs when judgment becomes effective)
- Towns v. Taylor, 211 Ark. 880 (1947) (scire facias as continuation of old proceeding; decrees on equity may be enforced similarly to judgments)
- State v. Sypult, 304 Ark. 5 (1990) (conflicts between statute and rules; rules prevail when primary purpose is preserved)
- Horn v. Horn, 232 Ark. 723 (1960) (execution power of chancery decrees recognized)
- McGehee Bank of McGehee v. Charles W. Greeson & Sons, 223 Ark. 18 (1954) (execution enforcement of decrees recognized)
- Bohnsack v. Beck, 294 Ark. 19 (1987) (definition and scope of scire facias)