Supreme Court of Arkansas

Steve Rose, Appellant v. Harbor East, Inc.; Harbor East Property Owners Association; Recreational Management, Inc…

December 5, 20132013 Ark. LEXIS 595

Summary

The Supreme Court of Arkansas affirmed summary judgment dismissing Rose’s foreclosure complaint because the 2009 judgment revivor was void. Rose filed a petition for a writ of scire facias, but no writ was issued by the clerk or served before the order of revivor was entered, depriving the court of personal jurisdiction over the affected parties. The court held that the appellees could collaterally attack the revivor order because it was void, not merely erroneous.