FROM THE JEFFERSON COUNTY CIRCUIT COURT [NO. 35DR-07-129]
HONORABLE WILLIAM BENTON, JUDGE
T. Jones and Ollye Mae Robinson-Jones, pro se appellants.
McKissic & Associates, PLLC, by: Jackie B. Harris, for
appellee Gerald Robinson, Sheriff, Jefferson County.
R. BAKER, Associate Justice.
case stems from a replevin action in Jefferson County Circuit
Court. Appellants Thomas Jones and Ollye Mae Robinson Jones
appeal from the circuit court's dismissal of their
petition for replevin of four vehicles that were ordered to
be sold to satisfy a judgment against Thomas that had been
obtained by the appellee Kimberly Jones Miller, Thomas's
ex-wife, in connection with their divorce.
underlying litigation stems from a divorce action between
Thomas and Kimberly. On October 25, 2007, the circuit court
entered a decree of divorce. On March 6, 2008, the circuit
court entered a supplemental decree and final order that
awarded Kimberly a $20, 687.75 judgment against Thomas. On
July 17, 2008, the circuit court entered a report of public
sale where Kimberly purchased the certain real and personal
property for $1, 000. On July 17, 2008, the circuit court
entered an order confirming the sale. After the sale of
certain real and personal property contemplated in the
supplemental decree, the judgment was reduced to $20, 187.75.
Pursuant to the March 6, 2008 order, the Jefferson County
Circuit Clerk issued a writ of execution on October 27, 2011,
directing appellee, Sheriff Gerald Robinson, to take
possession and sell four vehicles owned by Thomas - a 1986
Chevrolet Corvette, a 1995 Ford Explorer, a 1996 Mercedes C
Class, and a 1990 Volvo 740 - to satisfy Thomas's
indebtedness to Kimberly.
November 14, 2011, Ollye Mae, who was not married to Thomas
at the time, filed a motion to intervene, claiming that she
had an ownership interest in three of the vehicles subject to
the writ of execution. On December 6, 2011, the circuit court
suspended the enforcement of the writ. On April 10, 2013 and
June 4, 2013, respectively, the circuit court entered orders
denying Ollye Mae's motion to intervene with respect to
the Corvette; lifting the stay of the writ of execution;
ordering the sheriff to proceed with seizing the four
vehicles; and enjoining each party from disposing of, or
removing from the court's jurisdiction, any of the
vehicles. Both the April 10, 2013 and June 4, 2013 orders
indicate that a hearing was held on the motion to intervene.
Mae timely appealed from the denial of the motion to
intervene to the court of appeals, arguing that she was the
owner of the vehicles, that her property had been taken
without adequate compensation, and that Kimberly had become
unjustly enriched. Robinson v. Miller, 2014 Ark.App.
144. Ollye Mae's brief contained deficiencies, rebriefing
was ordered, and after rebriefing was ordered, on October 8,
2014, the court of appeals affirmed the circuit court based
on noncompliance with Ark. Sup.Ct. R. 4-2. Robinson v.
Miller, 2014 Ark.App. 539, at 2.
March 25, 2015, in the same domestic relations case, Ollye
Mae and Thomas filed a petition for replevin in the Jefferson
County Circuit Court seeking possession of the four vehicles.
In their complaint, they asserted that the judgment Thomas
owed Kimberly was satisfied by the real and personal property
awarded to Kimberly, and accordingly, the four vehicles had
been wrongfully taken from them. On July 31, 2015, the
circuit court entered an order dismissing with prejudice
their replevin petition. The circuit court found that the
petition was barred by the doctrines of law of the case, res
judicata, and collateral estoppel; that Ollye Mae and Thomas
lacked standing; and that the petition failed to state a
cause upon which relief can be granted. The circuit
court's order stated in its entirety:
ORDER OF DISMISSAL WITH PREJUDICE
A review of the file in the above-captioned matter reflects a
petition for writ of replevin filed March 25, 2015 by Thomas
Jones and Ollye Mae Robinson Jones. The file further reflects
an answer to the petition for writ of replevin by Gerald
Robinson, Jefferson County Sheriff; through his attorney,
Jackie B. Harris. From a review of the pleadings and the
entire file in this matter, the court finds that the petition
for writ of replevin has been improperly brought before this
court and is barred by the law of the case, due to an appeal
to the Arkansas Court of Appeals which affirmed this
court's previous ruing. In addition, the court finds that
this petition is barred by res judicata, collateral estoppel,
lack of standing, and fails to state a claim upon which
relief can be granted.
THEREFORE, the petition for writ of replevin filed March 25,
2015 by Thomas Jones and Ollye Mae Robinson-Jones, be, and it
hereby is dismissed with prejudice.
Mae and Thomas timely appealed from the order dismissing with
prejudice their replevin petition to the court of appeals,
which summarily affirmed the circuit court. Jones v.
Miller, 2016 Ark.App. 317. On October 20, 2016, we
granted Ollye Mae's petition for review. When this court
grants a petition for review, we treat the appeal as if it
had been originally filed in this court. McNutt v.
Yates, 2013 Ark. 427, 430 S.W.3d 91. From the circuit
court's order, Ollye Mae and Thomas present one issue on
appeal: whether the circuit court erred in finding that res
judicata and collateral estoppel require dismissal of this