Ellis v. State Farm Bank
Annotate this Case
Download PDF
Cite as 2011 Ark. 206
SUPREME COURT OF ARKANSAS
No.
10-1329
Opinion Delivered May
RAYMOND ELLIS, EXECUTOR OF
THE ESTATE OF MILDRED FREEMAN,
DECEASED
APPELLANT
12, 2011
APPEAL FROM THE FAULKNER
COUNTY CIRCUIT COURT,
NO. CV2008-712,
HON. RHONDA KAY WOOD, JUDGE,
VS.
STATE FARM BANK, F.S.B. A/K/A
STATE FARM FINANCIAL SERVICES,
F.S.B. AND D. DENISE GRIFFIN,
ATTORNEY IN FACT
APPELLEES
REVERSED AND REMANDED.
JIM HANNAH, Chief Justice
Appellant Raymond Ellis, administrator of the estate of Mildred Freeman, deceased,
appeals the October 12, 2010 order of the Faulkner County Circuit Court that dismissed with
prejudice his complaint and petition for declaratory relief that sought to void appellee State
Farm Bank’s mortgagee’s deed. On appeal, Ellis contends that the circuit court erred (1) in
declaring Arkansas Code Annotated section 28-50-101(h) (Repl. 2004) unconstitutional, and
(2) in finding that State Farm Bank (“SFB”) met its burden of complying with the notice
requirements of Arkansas Code Annotated section 18-50-104 (Repl. 2003).
We do not address the merits of Ellis’s arguments because the Attorney General was
Cite as 2011 Ark. 206
not notified of the constitutional challenge to section 28-50-101(h) as required by section 16111-106(b) (Repl. 2006). Section 28-50-101(h) provides that
[n]otwithstanding any other provisions of this section to the contrary, the claims of all
known or reasonably ascertainable creditors shall be barred at the end of two (2) years
from date of first publication of notice to creditors, even if they have not been
provided actual notice in accordance with § 28-40-111(a)(4).
Ark. Code Ann. § 28-50-101(h).
In its response to Ellis’s petition for declaratory relief, SFB averred that it was a
reasonably ascertainable creditor of the estate that did not receive actual notice of the probate
proceedings. In support of its contention that it was entitled to receive actual notice, SFB
cited Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478 (1988).
In its order, the circuit court concluded, in relevant part, that
Ark. Code Ann. § 28-50-101(h) is unconstitutional and violates the United States
Constitution’s 14th Amendment Due Process Clause to the extent it extinguishes
claims of known creditors without those creditors’ receipt of actual notice. As the
United States Supreme Court held in Pope, there is a significant state action through
the probate case. In this case, the creditor was known within 2 months of opening the
Estate and the Estate simply chose to not provide the creditor notice.
Section 16-111-106(b) requires that “[i]n any proceeding” in which a statute is alleged
to be unconstitutional, “the Attorney General of the state shall also be served with a copy of
the proceeding and be entitled to be heard.” The purpose of the notice requirement is to
prevent a statute from being declared unconstitutional in a proceeding that might not be a
complete and fully adversary adjudication. E.g., Ark. Dep’t of Human Servs. v. Heath, 307 Ark.
147, 817 S.W.2d 885 (1991). In the instant case, the constitutionality of section 28-50-101(h)
2
Cite as 2011 Ark. 206
was implicated only when the circuit court relied on constitutional grounds in dismissing
Ellis’s complaint and petition for declaratory relief. Because the constitutional arguments were
not fully developed before the circuit court, a decision on the merits would circumvent the
purpose of the notice requirement. Id. Accordingly, we reverse and remand to allow
conformance with the requirements of section 16-111-106(b).
Reversed and remanded.
3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.