BEDROCK VENTURES, INC. APPELLANT
TRUMAN PRESS, INC., D/B/A HANNOVER HOUSE D/B/A HANNOVER; HANNOVER HOUSE RELEASING, LLC, D/B/A HANNOVER HOUSE; HANNOVER HOUSE, INC., D/B/A HANNOVER HOUSE; AND REGAL CINEMAS, INC. APPELLEES
FROM THE BENTON COUNTY CIRCUIT COURT [NO. 04CV-13-1236]
HONORABLE DOUG SCHRANTZ, JUDGE
Law Firm, P.A., by: E. Kent Hirsch, for appellant.
Littler Mendelson, P.C., by: Eva C. Madison, for separate
appellee Regal Cinemas, Inc.
RAYMOND R. ABRAMSON, JUDGE
Ventures, Inc. (Bedrock), appeals the Benton County Circuit
Court order reducing the judgment amount against Regal
Cinemas, Inc. (Regal). On appeal, Bedrock argues that the
circuit court (1) had no authority under Arkansas Rule of
Civil Procedure 60 to amend the default judgment more than
ninety days after its entry and (2) erred by modifying the
damages award when the liability against Regal remained
fixed. We affirm.
7, 2018, the Benton County Circuit Court issued a writ of
garnishment against Regal and a set of interrogatories. The
writ stated that a foreign judgment had been filed in the
circuit court against Truman Press, Inc., d/b/a Hannover
House d/b/a Hannover; Hannover House Releasing, LLC, d/b/a
Hannover House; and Hannover House, Inc., d/b/a Hannover
House (collectively "Truman Press") in favor of
Bedrock for the total sum of $513, 098.17. The writ stated
that Regal was indebted to Truman Press or had possession of
goods, chattels, moneys, credits, or effects belonging to
Truman Press. The writ directed Regal to file a written
answer within thirty days. Regal was served with the writ on
18, Bedrock filed a motion for default judgment against Regal
alleging that Regal had failed to respond to the writ. On
July 23, the circuit court entered a default judgment against
Regal in the amount of $513, 098.17.
August 7, Regal filed a motion to stay and set aside the
default judgment pursuant to Arkansas Rule of Civil Procedure
55(c) asserting that the judgment was void because it had
been entered without notice and a hearing as required by
Arkansas Code Annotated section 16-110-407 (Repl.
2016). Regal further stated that it owed only
$10, 008.62 to Truman Press, and it attached its answers to
court held a hearing on October 24. At the conclusion of the
hearing, the following discussion occurred between the court
and Bedrock's counsel:
The Court: I'm denying your [Regal's] motion to set
aside. But I am prepared to amend the judgment to reflect
the amount owed until it can be established that perhaps
the answer was incorrect. Now, we can do this by-I can set
another hearing, give [Regal's counsel] an opportunity
to file an appropriate pleading to modify the judgment, and
go forward. We need to be mindful of the 90 days. I'm
not sure where we are in relation to that.
Bedrock's Counsel: I thought I stipulated when you
asked me the question-
The Court: You did.
Bedrock's Counsel: I obviously don't want to want
to draw this out any more than ...