Bkmj, Inc. v. Ira Elliot Glasser
CourtCourt of Appeals of Arkansas
Date FiledSeptember 23, 2026
StatusPublished
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Full Opinion
Cite as 2026 Ark. App. 423
ARKANSAS COURT OF APPEALS
DIVISION III
No. CV-25-276
BKMJ, INC. Opinion Delivered September 23, 2026
APPELLANT
APPEAL FROM THE WASHINGTON
COUNTY CIRCUIT COURT
V. [NO. 72CV-14-107]
IRA ELLIOT GLASSER HONORABLE JOHN C. THREET,
APPELLEE JUDGE
REVERSED AND REMANDED
RAYMOND R. ABRAMSON, Judge
BKMJ, Inc. (BKMJ), appeals the Washington County Circuit Court order dismissing
its petition for writ of scire facias to revive a judgment entered against Ira Elliot Glasser. On
appeal, BKMJ argues that the circuit court erred by dismissing its petition. We agree and
reverse and remand.
On January 21, 2014, BKMJ filed a complaint against Glasser alleging that he had
defaulted on a promissory note. It asserted claims for breach of contract, conversion, and
fraud. On February 5, Glasser filed an objection to jurisdiction through his attorney, who
was licensed in Texas but not in Arkansas. On February 19, the Texas attorney moved for
admission to practice pro hac vice.
On March 5, BKMJ moved for a default judgment on its complaint, arguing that
Glasser’s time for filing an answer had expired and that his jurisdictional objection was a
nullity because his attorney had filed it without being admitted to practice in Arkansas. On
March 20, the court admitted Glasser’s attorney to practice pro hac vice.
On April 4, Glasser filed counterclaims for tortious interference with contract and
fraudulent inducement to contract. On September 12, Glasser amended his counterclaims.
On December 5, the court granted BKMJ’s motion for a default judgment, finding
that Glasser had failed to timely answer. It awarded BKMJ a default judgment against Glasser
in the principal amount of $20,036 plus prejudgment interest at the rate of 6 percent from
August 10, 2013. The court also awarded BKMJ $2,500 in attorney’s fees and $215 in costs,
and it noted that BKMJ had waived any claim for punitive damages in consideration of
Glasser’s waiver of a damages hearing.
On January 21, 2015, Glasser filed a “supplemental pleading” on his counterclaims,
and on March 19, BKMJ filed additional claims against Glasser for fraud and a violation of
the Arkansas Deceptive Trade Practices Act.
On August 20, the parties filed a joint motion to dismiss all pending causes of action,
and on that same day, the circuit court entered an agreed order of dismissal stating: “All
pending causes of action in this case are hereby dismissed with prejudice.”
On December 5, 2024, BKMJ petitioned for a writ of scire facias. It alleged that
Glasser had not paid the default judgment from December 5, 2014, and it sought to initiate
the procedure for reviving the judgment pursuant to Arkansas Code Annotated section 16-
65-501 (Repl. 2005).
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On February 28, 2025, Glasser moved to dismiss BKMJ’s petition. He argued that a
default judgment is not a final order under Arkansas law and that the August 2015 dismissal
order precluded further litigation on any claim by either party. He asserted that the default
judgment “died” and “cannot be revived.”
Also on February 28, the court held a hearing, and on March 31, the court entered
an order dismissing BKMJ’s petition for writ of scire facias with prejudice. The court found
that a default judgment is not a final judgment and that the dismissal order “resolved the
rights to all Parties at the time it was entered.” The court thus concluded that it had no
jurisdiction over the claims filed before the entry of the dismissal order on August 20, 2015.
This appeal followed.
On appeal, BKMJ argues that the circuit court erred by dismissing its scire facias
petition on the basis of the dismissal order. BKMJ points out that the default judgment was
entered before the dismissal order, and the dismissal order resolved only “pending causes of
action.”
We agree. When the issue is one of law, our review is de novo. Wadley v. Hatton, 2024
Ark. App. 297, 689 S.W.3d 691. A writ of scire facias requires a person against whom it is
brought to show cause why a judgment should not be revived. Middleton v. Lockhart, 2012
Ark. 131, 388 S.W.3d 451. A default judgment is just as binding and enforceable as a
judgment entered after a trial on the merits. State v. $258,035.00 U.S. Currency, 352 Ark.
117, 98 S.W.3d 818 (2003).
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In this case, the court entered the default judgment before the dismissal order, and
the order dismissed only “pending causes of action.” Thus, the dismissal order did not set
aside the default judgment and did not deprive the court of jurisdiction to enforce the
judgment. Accordingly, the circuit court erred by dismissing BKMJ’s petition for writ of scire
facias, and we reverse and remand the case for further proceedings.
Reversed and remanded.
KLAPPENBACH, C.J., and VIRDEN, J., agree.
Cox Law Firm, PLLC, by: S. Lance Cox, for appellant.
One Brief only.
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