Rose v. Harbor E., Inc. (Majority)
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In 1989, Steve Rose and Harbor East, Inc. entered into a consent judgment that awarded Rose $176,000. In 2009, Rose filed a motion to revive the judgment, and an order reviving the judgment was entered. Rose then filed a complaint in foreclosure against Harbor East Property Owners Association (the POA) and Recreational Management, Inc. (Recreational) maintaining that the judgment had not been satisfied. In 2012, the POA filed a motion for summary judgment asserting that because no writ of scire facias had been issued prior to the 2009 order of revivor, Rose's judgment was not revived under the terms of Ark. Code Ann. 16-65-501, and therefore, the 2009 order of revivor was void ab initio for lack of jurisdiction. The circuit court granted the summary judgment motion. The Supreme Court affirmed, holding that the POA and Recreational were allowed to collaterally attack Rose's 2009 order of revivor because the order was void due to Rose's failure to satisfy the requirements of section 16-65-501.
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