C.A.R. Transportation Brokerage Co. v. Seay

Summary

The Supreme Court of Arkansas addressed direct and cross-appeals arising from a judicial foreclosure sale and alleged conversion of equipment. The court affirmed the finding that Michael Seay converted C.A.R. Transportation's property, affirmed the finding that Cheryl Seay did not commit conversion, and affirmed the equitable lien while modifying its attachment date to the date of judgment.

Holdings

1. Cheryl did not commit conversion because the evidence did not show that she exercised a distinct act of dominion over the equipment found to have been converted.
2. C.A.R. Transportation was entitled to an equitable lien on the specified foreclosure-sale proceeds, but the lien attached on February 15, 2005, when the judgment was entered, rather than on the date of trial or the date the counterclaim was filed.
3. Michael converted C.A.R. Transportation's equipment by removing it from the property after the judicial sale, and the circuit court properly entered judgment for C.A.R. Transportation.

Questions Presented

1. Whether Cheryl Seay converted equipment belonging to C.A.R. Transportation.
2. Whether C.A.R. Transportation was entitled to an equitable lien on the foreclosure-sale proceeds and, if so, when the lien attached.
3. Whether Michael Seay converted property belonging to C.A.R. Transportation.

Disposition

affirmed