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. SWITZER and WHITEAKER, JJ.,
RAYMOND R. ABRAMSON, Judge
Bedrock 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
June 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
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 ...