2014 Ark. App. 149
Ark. Ct. App.2014Background
- Foreclosure action by Thompson against SMG 1054, Inc. involving a 2010 $47,500 loan to Cedar Break LLC secured by a mortgage on property in Randolph County, Arkansas.
- Cedar Break later deeded the property to SMG; Cedar Break allegedly defaulted, and Thompson sought in rem judgment and foreclosure.
- Shirley Matthews, acting pro se for SMG, disputed claims and asserted lack of involvement with Cedar Break and unlawful conveyance to SMG, requesting appointment of counsel for SMG.
- At the foreclosure hearing, Matthews sought a continuance to retain counsel, which the court denied citing prior continuance and relevance of Thompson’s foreclosure action.
- The record on appeal lacked crucial portions of the prior hearing and related orders; the court remanded for record supplementation and substituted briefing, and expressed concern about Matthews’ unauthorized practice of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the continuance denial was an abuse of discretion | SMG argued lack of attorney created prejudice and matters warranting delay | Thompson asserted sufficient time to hire counsel and that issue was not central to foreclosure | Remand for record supplementation to assess the continuance ruling |
| Whether the abstract/addendum were deficient for review | SMG failed to provide essential material transcripts and documents | Record omissions hinder understanding of the case | Record supplemented; remanded to settle and supplement; substituted briefs due |
| Whether the first hearing/ordering were properly omitted from the record | Omissions prevented full appellate review of prior disposition | Recordkeeping deficiencies should be corrected on remand | Remand to settle and supplement the record |
| Whether Matthews’ representation of SMG constituted unauthorized practice of law | Question of UPL relevance to continuance and case handling | Noted concern; addressed in substituted briefs on remand | Court expresses concern; issues to be addressed on remand in briefs |
Key Cases Cited
- Hill v. Arkansas Department of Human Services, 2013 Ark. App. 760 (Ark. App. 2013) (abuse of discretion standard for continuance and prejudice requirement)
- Ark. Bar Ass’n v. Union Nat’l Bank, 224 Ark. 48, 273 S.W.2d 408 (1954) (unauthorized practice of law by non-attorney representing corporation)