Steward v. Kuettel
2014 Ark. 499
| Ark. | 2014Background
- Steward appeals a circuit court denial of his motion to set aside a default judgment entered in favor of Kuettel.
- Kuettel sued Steward for defamation; service was attempted via email under Rule 4(e)(5) after failing to locate Steward at last known address.
- The circuit court granted alternative service via email with a tracking pixel to confirm receipt.
- Kuettel obtained a default judgment on June 28, 2012, claiming service was valid and Steward failed to answer.
- Steward moved to set aside the default judgment on June 17, 2013, arguing insufficient service or excusable neglect; the circuit court denied the motion on October 31, 2013.
- This appeal focuses on whether the alternative service was reasonably calculated to give actual notice and whether the default judgment is void for insufficient service of process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the default judgment is void for insufficient service of process | Steward: service insufficient; due process requires proper notice | Kuettel: email service satisfied Rule 4(e)(5) and tracking confirmed notice | Yes; judgment void for insufficient service |
| Whether the circuit court's alternative service via email was reasonably calculated to give actual notice | Steward: tracking did not prove attachments were opened; notice was not reasonably calculated | Kuettel: service complied with court order and provided actual notice | No; notice not reasonably calculated to give actual notice |
Key Cases Cited
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (U.S. Supreme Court 1950) (due-process notice must be reasonably calculated to inform)
- Meeks v. Stevens, 301 Ark. 464 (Ark. 1990) (valid service required to satisfy due process)
- Smith v. Sidney Moncrief Pontiac, Buick, GMC Co., 353 Ark. 701 (Ark. 2003) (strict construction of service rules)
- Southeast Foods, Inc. v. Keener, 335 Ark. 209 (Ark. 1998) (default judgments should be avoided; harsh remedy)
- Nationwide Ins. Ent. v. Ibanez, 368 Ark. 432 (Ark. 2007) (standard of review for motion to set aside default)