Court Can Interpret Judgment on Property Sale Five Years Later
The Arkansas Court of Appeals affirmed an amendment of judgment in Kennedy Funding, Inc. v. Shelton, No. 06-1035.
The case involved a dispute over the Rest in Peace Cemetery in Pulaski County and several other properties. Both parties held mortgages on the cemetery. In 2001, the trial court entered an order finding that Kennedy Funding had the superior interest in the other properties but that Shelton's interest in the cemetery was superior to Kennedy Funding's interest. However, this language discussing Shelton's interest only appeared in the body of the opinion and did not appear at the conclusion directing sale of all properties.
A judicial sale for the cemetery was scheduled in 2006. Prior to the sale, Shelton asked the trial court to clarify its order. The trial court did so and clarified that the sale would be conducted with Shelton having a superior interest over Kennedy Funding.
Kennedy Funding argued that Ark. R. Civ. P. 60 applied and that the trial court had no right to amend the order after 90 days had passed. The court of appeals disagreed, holding that a trial court may interpret a foreclosure order before the sale is conducted. However, the court indicated that the trial court could not interpret its order after the sale was conducted. See First Nat'l Bank of Lewisville v. Mayberry, 368 Ark. 243 (2006).
