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“[D]efault judgments are allowed and are governed by Rule 55 of the Arkansas Rules of Civil Procedure. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by the Arkansas Rules of Civil Procedure, a judgment by default may be entered by the circuit court.” (Bates v. Homan, 2021 Ark. App. 266, 7 citing Ark. R. Civ. P. 55(a) [2020].)
Arkansas courts “have long held that default judgments are not favored, and they should be avoided when possible.” (Bates v. Homan, 2021 Ark. App. 266, 7 citing Riggs v. Riggs, 2020 Ark. App. 381, at 10.) “One reason courts are admonished to avoid default judgments when possible is that a default judgment may be a harsh and drastic result affecting the substantial rights of the parties.” (Id.)
“Pursuant to Rule 55(c), a party against whom a default judgment has been entered may move to set aside the default judgment for the following reasons:
“In addition, ‘[t]he party seeking to have the judgment set aside must demonstrate a meritorious defense to the action; however, if the judgment is void, no other defense to the action need be shown.’” (Bates v. Homan, 2021 Ark. App. 266, 7 citing id.)
The “standard of review for an order denying a motion to set aside a default judgment depends on which grounds the appellant claims the default judgment should be set aside.” (Bates v. Homan, 2021 Ark. App. 266, 7-8 quoting and citing Lockard & Williams Ins. Servs., Inc. v. Waldrip, 2020 Ark. App. 274, at 4.)
“When appellants claim that the default judgment is void, this court conducts a de novo review and gives no deference to the circuit court's ruling because the matter on appeal is a question of law. (Lockard & Williams Ins. Servs., id. at 4-5.) In all other challenges to the denial of a motion to set aside a default judgment, this court does not reverse absent an abuse of discretion.” (Id.)
“The rendition of a default judgment upon a complaint which fails to state facts sufficient to state a cause of action is reversible error.” (Allen v. Kizer (1988) 294 Ark. 1, 5 quoting Thompson v. Dildy (1957) 227 Ark. 648; see also Kohlenberger v. Tyson's Foods, Inc. (1974) 256 Ark. 584.)
”A default judgment should not only be set aside for excusable neglect, unavoidable casualty or other just cause as provided in the statute authorizing default judgments; but a default judgment should not be entered at all, and if entered it should be set aside, when the action is against several defendants jointly, and the defense interposed by an answering defendant is not personal to himself but is common to himself and the non-answering defendant.” (Firestone Tire Rubber v. Little (1980) 269 Ark. 636, 642.)
ELECTRONICALLY FILED Lee County Circuit Court Khayyam M. Eddings Attorney 400 West Capitol Avenue Millie A. Hill, Circuit Clerk …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Mar 07, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Khayyam M. Eddings Attorney 400 West Capitol Avenue Millie A. Hill, Circuit Clerk …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Mar 07, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Khayyam M. Eddings Attorney 400 West Capitol Avenue Millie A. Hill, Circuit Clerk …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Mar 07, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Khayyam M. Eddings Attorney 400 West Capitol Avenue Millie A. Hill, Circuit Clerk …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Mar 07, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Khayyam M. Eddings Attorney 400 West Capitol Avenue Millie A. Hill, Circuit Clerk …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Mar 07, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Khayyam M. Eddings Attorney 400 West Capitol Avenue Millie A. Hill, Circuit Clerk …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Mar 07, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 27, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 3…
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 27, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 14:39:39 39CV-22-100 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 14:39:39 39CV-22-100 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 14:39:39 39CV-22-100 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 3…
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 3…
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 3…
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 3…
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 3…
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 14:39:39 39CV-22-100 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 14:39:39 39CV-22-100 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 14:39:39 39CV-22-100 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 14:39:39 39CV-22-100 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 14:39:39 39CV-22-100 …
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 3…
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Lee County Circuit Court Millie A. Hill, Circuit Clerk 2024-Feb-26 16:24:09 3…
Oct 05, 2022
CASE CLOSED
Lee County, AR
Feb 26, 2024
AUTOMOBILE TORT
1ST CIRCUIT DIVISION 1
ELECTRONICALLY FILED Benton County Circuit Court Brenda DeShields, Circuit Clerk 2023-Dec-12 11:32:43 04DR-23-1910 C19WD06 : 262 Pages 26DR-17-902 GARLAND COUNTY CIRCUIT COURT DOCKET SHEET 18TH EAST CIRCUIT DIVISION II DANIEL GIROUX MCCARTHY V AMBER DAWN ASHBURN Filed: 14-NOV-2017 …
Dec 12, 2023
OPEN - CASE OPEN
Benton County, AR
Dec 12, 2023
CS - CUSTODY
19TH WEST CIRCUIT DIVISION 6
ELECTRONICALLY FILED Terri HOIMCN Cleat TAF 31ST STATE DISTRICT COURT, SHERWOOD DEPT 2023-Aug-21 14:59:51 DOCKET SHEET 60CV-23-6120 31ST STATE DISTRICT JUDGE, SHERWOOD …
Aug 21, 2023
OPEN - CASE OPEN
Pulaski County, AR
Aug 21, 2023
AP - ADMINISTRATIVE APPEAL
© oe IN THE DISTRICT COURT OF PULASKI COUNTY, Aone SMALL CLAIMS DIVISION +r SANDRA D. MURRAY PLAINTIFF Vv. …
Jun 05, 202
SERVICE - RET OF SERVICE - AWAIT ANSWER
Pulaski County, AR
Jun 21, 2023
CG - CV-DAMAGE TO PERSONAL PROPERTY
DISTRICT JUDGE OF PULASKI COUNTY
IN THE DISTRICT COURT OF PULASKI COUNTY, ARKANSAS SMALL CLAIMS DIVISION PLAINTIFF SANDRA D. MURRAY Vv. CASE NO. PCSC-23-162 DEFENDANT CHAPEL RIDGE OF JACKSONVILLE …
Jun 05, 202
SERVICE - RET OF SERVICE - AWAIT ANSWER
Pulaski County, AR
Jun 21, 2023
CG - CV-DAMAGE TO PERSONAL PROPERTY
DISTRICT JUDGE OF PULASKI COUNTY
ELECTRONICALLY FILED Washington County Circuit Court Kyle Sylvester, Circuit Clerk 2023-Mar-08 13:45:57 72CV-21-1759 …
Aug 13, 2021
CASE CLOSED
Washington County, AR
Mar 08, 2023
CIVIL - OTHER
4TH CIRCUIT DIVISION 2
ELECTRONICALLY FILED Washington County Circuit Court Kyle Sylvester, Circuit Clerk 2023-Mar-08 13:45:57 72CV-21-1759 …
Aug 13, 2021
CASE CLOSED
Washington County, AR
Mar 08, 2023
CIVIL - OTHER
4TH CIRCUIT DIVISION 2
ELECTRONICALLY FILED Washington County Circuit Court Kyle Sylvester, Circuit Clerk 2023-Mar-08 13:45:57 72CV-21-1759 …
Aug 13, 2021
CASE CLOSED
Washington County, AR
Mar 08, 2023
CIVIL - OTHER
4TH CIRCUIT DIVISION 2
ELECTRONICALLY FILED Washington County Circuit Court Kyle Sylvester, Circuit Clerk 2023-Mar-08 13:45:57 72CV-21-1759 …
Aug 13, 2021
CASE CLOSED
Washington County, AR
Mar 08, 2023
CIVIL - OTHER
4TH CIRCUIT DIVISION 2
ELECTRONICALLY FILED Washington County Circuit Court Kyle Sylvester, Circuit Clerk 2023-Mar-08 13:45:57 72CV-21-1759 …
Washington County, AR
Mar 08, 2023
OM - CIVIL - OTHER
4TH CIRCUIT DIVISION 2
ELECTRONICALLY FILED Washington County Circuit Court Kyle Sylvester, Circuit Clerk 2023-Mar-08 13:45:57 72CV-21-1759 …
Aug 13, 2021
CASE CLOSED
Washington County, AR
Mar 08, 2023
CIVIL - OTHER
4TH CIRCUIT DIVISION 2
ELECTRONICALLY FILED Washington County Circuit Court Kyle Sylvester, Circuit Clerk 2023-Mar-08 13:45:57 72CV-21-1759 …
Aug 13, 2021
CASE CLOSED
Washington County, AR
Mar 08, 2023
CIVIL - OTHER
4TH CIRCUIT DIVISION 2
ELECTRONICALLY FILED Washington County Circuit Court Kyle Sylvester, Circuit Clerk 2023-Mar-08 13:45:57 72CV-21-1759 …
Aug 13, 2021
CASE CLOSED
Washington County, AR
Mar 08, 2023
CIVIL - OTHER
4TH CIRCUIT DIVISION 2
ELECTRONICALLY FILED Washington County Circuit Court Kyle Sylvester, Circuit Clerk 2023-Mar-08 13:45:57 72CV-21-1759 …
Aug 13, 2021
CASE CLOSED
Washington County, AR
Mar 08, 2023
CIVIL - OTHER
4TH CIRCUIT DIVISION 2
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