Legal Opinion

Tenants of 1974 Lakeland Acres Rd., Drasco, Ark. v. U.S. Bank

Court of Appeals of Arkansas

Decided May 31, 2017No. CV-16-396Published

1Opinion of the CourtKenneth S. Hixson, Judge

jjThis appeal arises from a default judgment entered against Thomas Kelso in a foreclosure case. Kelso appeals from the trial court’s denial of his amended motion to set aside the default judgment. Kelso argues that service of process, which was by warning order, was defective because the affidavit in support of the warning order was insufficient; After conducting a de novo review, we agree with Kelso’s argument that there was a failure of strict compliance with our service requirements and that the trial court erred in denying his motion to set aside the judgment. Therefore, we reverse and…

2Cases cited7 opinions

  1. Nucor Corp. v. KilmanSupreme Court of Arkansas · 2004
  2. McGraw v. JonesSupreme Court of Arkansas · 2006
  3. XTO Energy, Inc. v. ThackerCourt of Appeals of Arkansas · 2015
  4. Scott v. WolfeCourt of Appeals of Arkansas · 2011
  5. Billings v. U.S. Bank National Ass'nCourt of Appeals of Arkansas · 2016

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