Old St Paul Missionary Baptist Church v. First Nation Insurance Group

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION OLD ST PAUL MISSIONARY BAPTIST CHURCH PLAINTIFF

v. Case No. 3:07-cv-00043-LPR

FIRST NATION INSURANCE GROUP, et al. DEFENDANTS ORDER The Court construes Plaintiff Old St. Paul Missionary Baptist Church’s (“Old St. Paul’) Motion for Revivor of Judgment for Attorneys’ Fees (Doc. 193) as a motion for scire facias. The Latin scire facias, means to make known or show cause. The purpose of issuing a writ of scire facias is to put interested parties on notice and to require the parties against whom it is brought to show cause why the judgment should not be revived. See Rose v. Harbor E., Inc., 2013 Ark. 496, 3, 430 S.W.3d 773, 775 (2013). The Court directs the Clerk to issue the writ attached to this Order.! Old St. Paul must serve the writ in accordance with the procedure in Arkansas Code Annotated § 16-65-501(b). If personal service is not possible within fourteen (14) days of issuance of the writ, Old St. Paul must apply to the Court for public posting as set forth in § 16- 65-S01(c). IT IS SO ORDERED this 11th day of June 2020.

id ee

LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE

' Old St. Paul’s Motion (Doc. 193) requested interest of 0.43% per annum. However, the original Judgment (Doc. 183) awarding attorneys’ fees stated that interest will accrue at a rate of 0.30% per annum. Accordingly, the Court will use the same interest figure as in the original Judgment.

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

OLD ST PAUL MISSIONARY BAPTIST CHURCH PLAINTIFF

v. Case No. 3:07-cv-00043-LPR

FIRST NATION INSURANCE GROUP, et al. DEFENDANTS

WRIT OF SCIRE FACIAS WHEREAS, Plaintiff herein recovered judgment against Defendants herein on or around June 25, 2010, Plaintiff obtaining judgment in the amount of $500,000 from Defendant First Nation Insurance Group, plus interest in the amount of 0.30% per annum from the date of entry until paid. And whereas said judgment, as it is alleged, has not been satisfied, reversed, set aside or become void in any manner, and same now, as it is alleged, remains due and unpaid, DEFENDANT IS HEREBY COMMANDED to appear before the United States District Court, Eastern District of Arkansas, within twenty (20) days from the date of service of this writ upon themselves and show cause, if any, why said judgment should not be revived, and further, why execution thereon in favor of the Plaintiffs herein should not be issued and levied. WITNESS my hand and seal of said Court this ____ day of June 2020.

James W. McCormack CLERK OF THE COURT

_______________________ ____________________________ DATE Signature of Clerk or Deputy Clerk