Ransom v. JMC Leasing Specialties, LLC

2016 Ark. App. 509, 505 S.W.3d 737, 2016 Ark. App. LEXIS 532
CourtCourt of Appeals of Arkansas
DecidedOctober 26, 2016
DocketCV-15-1016
StatusPublished
Cited by2 cases

This text of 2016 Ark. App. 509 (Ransom v. JMC Leasing Specialties, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ransom v. JMC Leasing Specialties, LLC, 2016 Ark. App. 509, 505 S.W.3d 737, 2016 Ark. App. LEXIS 532 (Ark. Ct. App. 2016).

Opinion

WAYMOND M. BROWN, Judge

|, John Ransom d/b/a Red Oak Auto Clinic, and his son and assignee, Demetrius Ransom, file this pro se .appeal from a judgment declaring their lien on. a 2006 Toyota Camry inferior to a lien held by appellee JMC Leasing Specialties, LLC (“JMC”). They also appeal from an order in which the court held John ,in contempt and denied their motion to vacate the judgment. We affirm the contempt citation and dismiss the remainder of the appeal.

I. Facts

JMC leased the Camry to Joseph Johnson in September 2013 for a period of three years, Mr. Johnson defaulted on the lease in November 2014, after which JMC was, unable to locate him. Around this time, John Ransom came into possession of the vehicle. It is not |2clear from the record how he did so, but, according to him, he towed the vehicle to his auto shop in January 2015, performed repairs on it, and stored it.

In February 2015, John sent JMC a notice advising that the vehicle would be sold on April 9, 2015, if his lien for towing, storage, and repairs was not paid. JMC did not pay the lien but instead sued John, asserting that it had a perfected automobile-vendors’ lien on the Camry and was entitled to an order delivering the vehicle to its possession. John responded, inter alia, that his lien was superior to JMC’s and that JMC owed him $3,661 for repairs, towing, storage, and administrative, costs. Demetrius was permitted to intervene in the ease as John’s assignee. At some point, John’s business, Red Oak Auto Clinic, obtained a certificate of title on the Camry, based on its being an abandoned vehicle.

A bench trial was held, and the court ruled that JMC had a superior lien on the Camry. The June 4, 2015 judgment directed both John and Demetrius Ransom to surrender possession of the vehicle to JMC and to “immediately” deliver the vehicle’s certificate of title to JMC. The Ransoms delivered the Camry to JMC shortly after the entry of judgment but did not deliver the title at that time..

On June 18, 2015, thé Ransoms 'filed a motion to vacate the judgment and for a new trial. JMC responded with a motion for contempt, claiming that the Ransoms had not yet forwarded the Camry title. The court held a hearing on July 23, 2015, that addressed the Ransoms’ posttrial motion and JMC’s contempt petition. In an order entered August 11, 2015, the court denied the Ransoms’ motion to vacate and for a new trial, held John in contempt, and ordered him to pay $555 to JMC for its costs and fees occasioned by the delay in forwarding the certificate of title.

IfjOn September 10, 2015, the Ransoms filed a notice of appeal from the June 4, 2015 judgment and the August 11, 2015 order.

II. Lien 'Priority

■ The Ransoms argue first that the circuit court erred in its lien-priority ruling. We cannot reach this argument because the Ransoms did not file a timely notice of appeal from the June 4, 2015 order or the denial of their posttrial motion.

A notice of appeal must be filed within thirty days from the entry of the judgment, decree, or order appealed from. 1 This deadline may be extended if a motion for a new trial or any other motion to vacate, alter, or amend the judgment is filed no later than ten days after the judgment. 2 When that occurs, the following timetable governs the filing of a notice of appeal:

The notice of appeal shall be filed within thirty (30) days from entry of the order disposing of the last motion outstanding. However, if the circuit court neither grants nor denies the motion within thirty (30) days of its filing, the motion shall be deemed denied by operation of law as of the thirtieth day, and the notice of appeal shall be filed within thirty (30) days from that date. 3

In this case, the Ransoms filed their motion to vacate and for a new trial on June 18, 2015—ten business days after the June 4, 2015 order. 4 The circuit court did not rule on the) 4 motion within thirty days, and the motion was therefore deemed denied on Monday, July 20, 2015. Under the terms of Rule 4(b)(1), quoted above, the Ransoms’ notice of appeal was then due thirty days later, on August 19, 2015. However, the Ransoms did not file their notice of appeal until September 10, 2015. Their notice was therefore untimely as to the June 4, 2015 judgment and the denial of their posttrial motion. Accordingly, we lack jurisdiction to reach that portion of the appeal challenging those rulings and must dismiss the appeal in part. 5

The contempt citation, entered on August 11, 2015, remains for our consideration. It is renewable in its own right, 6 and was timely appealed in the Ransoms’ September 10, 2015 notice of appeal.

III. Contempt Ruling

The circuit court held John Ransom in contempt for failing to timely deliver the Camry’s certificate of title to JMC, as required by the June 4, 2015 judgment. The court ordered John to pay JMC $555, based on statements by JMC’s attorney that the delay in receiving title had caused him to expend two hours preparing a contempt petition and a show-cause order, for a total of $500 in fees, and to incur $55 in service costs. We affirm the contempt citation.

At the outset, we agree with the parties that the citation was for civil contempt. Civil contempt protects the rights of private parties by compelling compliance with orders of the |5court made for the benefit of private parties. 7 Civil contempt can be either compensatory or coercive in nature. 8 A compensatory penalty is a remedial fine to compensate one party for the other party’s noncompliance. 9 In other words, civil contempt gives damages for the injuries a party suffers when, as in this case, the opposing party disobeys a court order. 10 We will not reverse a circuit court’s finding of civil contempt unless it is clearly against the preponderance of the evidence. 11

John argues first that the June 4, 2015 judgment from which the contempt citation arose was void for lack of subject-matter jurisdiction. He cites the principle that a person cannot be held in contempt of a void order. 12

Subject-matter jurisdiction is a court’s authority to hear and decide a particular type of case. 13 A court lacks subject-matter jurisdiction if it cannot hear a matter under any circumstances and is wholly incompetent to grant the relief sought. 14

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Bluebook (online)
2016 Ark. App. 509, 505 S.W.3d 737, 2016 Ark. App. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ransom-v-jmc-leasing-specialties-llc-arkctapp-2016.