DIVISION IV
DAVID LOONEY
APPELLANT
V.
KAY RABY
APPELLEE
CA 0749
NOVEMBER 14, 2007
APPEAL FROM THE CRITTENDEN
COUNTY CIRCUIT COURT
[NO. CV1997237]
HONORABLE JOHN FOGLEMAN,
JUDGE
AFFIRMED
JOHN B. ROBBINS, Judge
The Crittenden County Circuit Court rejected appellant David Looney’s objections
to a writ of execution and affirmed a sale held pursuant to the writ. Mr. Looney now argues
that the court erred in (1) denying his motion for a continuance; (2) relating appellee Kay
Raby’s substitution as the real party in interest back to the date of the writ; (3) ruling that
Mr. Looney’s response to the writ of execution did not comply with Ark. Code Ann. § 16
66301; (4) ruling that the Arkansas Farm Mediation Act did not apply to this case; and
(5) enforcing the sale where the sheriff failed to follow the statutory requirements in levying
execution. We find no error and affirm.
Background Facts
On July 23, 1997, the Bank of West Memphis obtained a judgment against David
Looney for $58,079.67, plus interest and attorney fees, due to nonpayment of a promissory
2
note. Writs of garnishment were issued but not pursued, and the record reflects no further
activity on the case for seven years.
In 2004, the Bank’s successorininterest, the National Bank of Commerce, assigned
the judgment to Bill McAuley, III, and McAuley assigned it to appellee Kay Raby on
February 11, 2005. Ms. Raby immediately began collection efforts, procuring, among other
writs, the February 22, 2005, writ of execution that is the subject of this appeal. The writ of
execution listed the Bank of West Memphis as the plaintiff, despite the assignment to Raby,
and commanded the sheriff to seize various property fromMr. Looney, including his stock
in Arkansas Environmental Waste Recycling Corporation (the Corporation) and Riverside
Environmental Disposal, LLC (the LLC). Mr. Looney responded on March 17, 2005,
pleading the defenses of exemption, accord and satisfaction, laches, estoppel, payment,
r