Marcinkowski v. Affirmative Risk Management Corp.

Because the majority is reversing the trial court’s order on a ground not argued on appeal, I must respectfully dissent.

I have no quarrel with the majority’s position that a circuit court must entertain a timely appeal from a denial by a municipal court of a motion to set aside a default judgment filed under Ark. R. Civ. P. 55(c). This rule applies to municipal courts through Rule 10 of the Inferior Court Rules. However, appellant simply does not argue this point for reversal on appeal. He relies instead on Sevenprop Assoc. v. Harrison, 295 Ark. 35, 746 S.W.2d 51 (1988), in asserting that…