Tiner v. Tiner
2011 Ark. App. 478
| Ark. Ct. App. | 2011Background
- Betty Tiner and William Tiner divorced; Betty received a property settlement valued at $400,000 as part of separation from Benton Transmission assets.
- The settlement states Bill must pay Betty $400,000 lump sum by July 16, 2009, and $300 weekly until Betty turns 65.
- Betty retained title to real property as tenant-in-common until full lump-sum payment was received; upon full payment, Betty would convey her interests to Bill.
- Bill did not pay the lump sum; he sought to obtain a loan but instead filed for Chapter 11, which was dismissed as filed in bad faith to defraud Betty.
- Betty obtained a writ of immediate execution on Bill’s interest in the property to enforce payment; Bill moved to set aside the writ claiming lack of a judgment and irreparable harm to his business.
- The trial court granted Bill’s emergency motion to set aside the writ; Betty appealed, challenging the basis of that ruling and challenging the subsequent January 14, 2011 judgment order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the writ was void for lack of a judgment | Betty | Tiner | Writ void for lack of a judgment; however affirmed for correct result on alternative basis |
| Whether the trial court properly set aside the writ | Betty argues improper reliance on unverified allegations | Tiner argues irreparable harm to business warrants relief | Trial court’s setting aside affirmed, but on different legal basis than irreparable harm; lacked proper judgment-based basis |
| Whether the property settlement term requiring $400,000 is enforceable by execution as a judgment | Betty contends the lump-sum was enforceable as part of the decree | Tiner contends it was not a judgment and thus not enforceable by execution | Not a judgment; Meadors-based analysis controls; judgment entered later was required for enforcement by execution |
Key Cases Cited
- Thomas v. McElroy, 243 Ark. 465 (Ark. 1967) (judgment must specify relief and be the act of the law)
- Meadors v. Meadors, 58 Ark.App. 96 (Ark. App. 1997) (property settlement incorporated but not merged; not a judgment; five-year contract statute applies)
- South Flag Lake v. Gordon, 2009 Ark. App. 276 (Ark. App. 2009) (standard for reviewing injunctions is de novo with deference to trial court’s credibility findings)
- Griffith Farms, Inc. v. Grauman, 333 S.W.3d 430 (Ark. App. 2009) (affirmative review of injunction-based orders; analysis of equitable discretion)
- Thomas v. McElroy, 420 S.W.2d 530 (Ark. 1967) (distinguishes judgment from order and emphasizes substance over form)