Roberts v. Riege
Roberts v. Riege
Opinion of the Court
Lynn Roberts and Vicki Steen
This case involves a property dispute between Roberts and Riege over a narrow strip of land in Stone County. Specifically, Roberts owns property adjacent to the Trust's property. Riege is the trustee and lives on the Trust's property. A private road, Raccoon Lane, runs on Roberts's property. The strip of land is located between Raccoon Lane and the Trust's property.
On November 5, 2014, Roberts filed a complaint against Riege alleging that he owns the strip of land along Raccoon Lane and that beginning in July 2006, Riege had repeatedly and unlawfully entered the land and used Raccoon Lane to access her home. He asserted a claim for the loss of the quiet enjoyment and exclusive use of his property. In the alternative, he asked the court to restrain Riege from trespassing on his property. On November 12, 2014, Roberts amended his complaint to assert claims for trespass and battery, as well as civil liability pursuant to Arkansas Code Annotated section 16-118-107 (Repl. 2016) for second-degree battery.
On December 4, 2014, Riege answered and asserted eight counterclaims against Roberts: two claims for civil liability pursuant to Arkansas Code Annotated section 16-118-107 for aggravated assault with a deadly weapon; civil liability under Arkansas Code Annotated section 16-118-107 for second-degree battery; two claims for civil assault; civil battery; intrusion on seclusion; and outrage.
Also on December 4, 2014, the Trust moved to intervene alleging that the Trust owned the strip of land bordering Raccoon Lane and that Roberts had trespassed on the Trust's property. In the alternative, the Trust filed a petition for quiet title of the strip of land based on adverse possession and boundary by acquiescence and a prescriptive easement to Raccoon Lane.
On January 22, 2015, Roberts replied to Riege's counterclaims. On February 2, 2015, Riege moved to strike Roberts's answer and for a default judgment on her counterclaims for failure to file a timely answer. On February 3, 2015, Roberts filed a motion for enlargement of time to respond to Riege's counterclaims. He conceded that he filed a belated reply to Riege's counterclaims but asserted that the belated reply was "attributable to the mistake, inadvertence, and excusable neglect" of his attorney. Specifically, he stated that his attorney had prepared a reply to Riege's counterclaims on or around December 14, 2014, but that the reply had not been filed with the circuit clerk. He further asserted that an enlargement of time would not prejudice Riege because the parties had not engaged in discovery, Riege's counterclaims were substantially similar to Roberts's claims, and she could not have been surprised by his reply.
On April 27, 2015, the circuit court entered an order granting Riege's motion to strike Roberts's answer and for a default judgment and denying Roberts's motion for enlargement of time. The court ordered that a jury shall determine Riege's damages. The court also granted the Trust's motion to intervene.
*402On September 22, 2016, the court held a jury trial on Roberts's claims, Riege's damages for her counterclaims, and the Trust's claims. The jury awarded Riege $2,000 for past and future mental anguish; $2,000 in punitive damages for her intrusion-on-seclusion claim; $5,000 for past and future mental anguish; and $10,000 in punitive damages for her outrage claim.
On appeal, Roberts first argues that the circuit court erred in granting Riege's motion for a default judgment because Riege's counterclaims failed to state sufficient facts upon which relief can be granted. However, Roberts did not make this argument to the circuit court in his motion for enlargement of time. Rather, he argued that the court should not enter a default judgment because his untimely answer was attributable to the mistake, inadvertence, and excusable neglect of his attorney and because Riege was not prejudiced. It is well settled that we will not consider an issue raised for the first time on appeal. Morgan v. Century 21 Perry Real Estate ,
Roberts next argues that the jury's actual, mental-anguish, and punitive damages awards for Riege's intrusion-on-seclusion and outrage claims
Here, Roberts did not move for a directed verdict at trial and did not object to the jury instructions, which instructed the jury that it could award Riege and the Trust those damages on their claims of intrusion on seclusion, outrage, and trespass. Accordingly, his failure to preserve the issue precludes us from considering his sufficiency argument on appeal.
Roberts lastly argues that there was insufficient evidence to support the Trust's adverse-possession and boundary-by-acquiescence claims. Again, Roberts did not move for a directed verdict on those claims and did not object to the jury instructions on those claims. Thus, he is precluded from challenging those claims on appeal. See Ark. R. Civ. P. 50(e).
Affirmed.
Gruber, C.J., and Gladwin, J., agree.
For clarity purposes, we will hereinafter refer to Roberts and Steen jointly as "Roberts." Vicki Steen was added as a party at trial by consent of the parties when it was determined that her name is on the deed of Roberts's property.
The jury did not award Riege damages on her remaining six claims.
The circuit court granted Riege's directed-verdict motion on Roberts's claim pursuant to Arkansas Code Annotated section 16-118-107 at trial. Further, at the conclusion of trial, the parties stipulated to Riege's prescriptive easement.
Roberts initially appealed the October 25, 2016 judgment to this court. On July 19, 2017, we dismissed the case without prejudice for lack of a final order on a motion to dismiss filed by Riege. See Roberts v. Riege ,
We reiterate that the circuit court entered a default judgment against Roberts on Riege's intrusion-on-seclusion and outrage claims. In Arkansas, a default judgment establishes liability but not the extent of damages. Volunteer Transp., Inc. v. House ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.