UNKNOWN HEIRS v. FIRST COMMUNITY BANK

No. 10-1093.

383 S.W.3d 384 (2011)

2011 Ark. 280

The UNKNOWN HEIRS OF Catherine M. WARBINGTON, and Bert John Warbington, Trustee of the Warbington Family Trust and the Catherine M. Warbington Marital Trust, Appellant, v. FIRST COMMUNITY BANK and John Best and Paula Best, Appellees.

Supreme Court of Arkansas.

June 23, 2011.


Attorney(s) appearing for the Case

Ralph M. Clifton , Brinkley, for appellant.

Lyons & Cone, P.L.C., by: Jim Lyons and Zac Baker , Jonesboro, for appellees John and Paula Best.

Marshall & Owens, P.A., by: W. Lance Owens , Jonesboro, and James F. Gramling, Jr. , for appellee First Community Bank.


KAREN R. BAKER, Justice.

Appellants, the unknown heirs of Catherine M. Warbington, and Bert John Warbington, Trustee of the Warbington Family Trust and Catherine M. Warbington Marital Trust, appeal from an order of the Poinsett County Circuit Court denying their motion to vacate a foreclosure decree. Appellants argue that appellees' failure to perfect service of process rendered the foreclosure decree void and that no meritorious defense was required. We affirm.<...

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