Kiddie v. Copeland et al

Filing 214

OPINION AND ORDER. Signed by Honorable P. K. Holmes III on December 20, 2019. (lgd)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
CHERIESE KIDDIE
v.

PLAINTIFF
No. 3:13-CV-03030

JOHNNIE COPELAND, et al.

DEFENDANTS
OPINION AND ORDER

Plaintiff Cheriese Kiddie proceeds against Defendants Johnnie Copeland, Meridee Kaiser,
and Adrian Woodbury 1 in connection with property once owned by George Woodbury, her
deceased grandfather. Following a bench trial (Doc. 199), the Court entered an opinion and order
(Doc. 200) granting judgment in favor of Defendants on Plaintiff’s claims for declaratory relief
premised on her allegations that George Woodbury lacked capacity to execute a trust and directing
Plaintiff to show cause why Defendants should not have summary judgment on her remaining
claims. Following briefing, the Court entered summary judgment (Doc. 207) for Defendants, and
Plaintiff appealed. The Court of Appeals found “no genuine issue of fact on most of the claims”
and affirmed this Court’s decision on those claims. (Doc. 213-1, p. 1). However, the Court of
Appeals explained that the probate exception to federal subject matter jurisdiction does not apply
to Plaintiff’s claims “against a person for their conduct with property that ultimately became estate
property.” Id., p. 3. The Court of Appeals held that this Court “erred in declining to rule on the
vehicles issue.” Id. “Kiddie’s vehicle claim encompasses pre-existing ownership of the vehicles,
not distribution of assets.” Id.

The Court of Appeals reversed and remanded for further

proceedings. Id.

1

Plaintiff also named other Defendants in her complaints, but her claims against those
Defendants were either dismissed or Defendants still present were substituted in as the proper
parties.
1

Plaintiff requests a finding that title to certain vehicles owned by her and George Woodbury
should have passed to her upon George’s death. In particular, Plaintiff’s final amended complaint
requests that:
The following should be determined as a matter of law without need to proceed to
a jury trial.
I. ANY VEHICLES REGISTERED IN OR PERSONAL PROPERTY HELD IN
THE JOINT NAMES OF PLAINTIFF AND [George Woodbury] BECAME THE
SOLE PROPERTY OF PLAINTIFF UPON THE DEATH OF [George
Woodbury], AND ADJUDGING ANY SUCH PROPERTY OR THE PROCEEDS
THEREOF BE RETURNED TO PLAINTIFF BY THE PERSONS HOLDING OR
RECEIVING THEM.
(Doc. 181, p. 25). Plaintiff is correct with respect to this finding of law. See Gladson v. Gladson,
800 S.W.2d 709, 710 (Ark. 1990) (“[A] devise by a joint tenant, who is survived by other joint
tenants, is not effective to pass any title to the real estate in joint tenancy for the reason that the
title passes by operation of law to the survivor or survivors. Such a rule applies in full measure to
personal property. In sum, title to property held in joint tenancy takes precedence over the claim
of a devisee, legatee or heir, as the case may be.” (citations omitted)). Any vehicles or personal
property co-owned by Plaintiff and George Woodbury at the time of his death became solely
Plaintiff’s, and she is entitled to the proceeds of any sale of that property.
That being the law, the Court must apply it to the facts. In addition to the findings of fact
(Doc. 200, pp. 1–3) the Court made following the bench trial, the Court finds the following facts
to be established from the record by a preponderance of the evidence:
• At the time of George Woodbury’s death, he owned a 2002 trailer, VIN
4G7US10132T000566,

registered

with

Arkansas

license

plate

number

AA15221.

(Doc. 86-3, p. 1). He also owned a white 1996 Dodge Ram Van, VIN 2B6KB31Y5TK119498,
registered with Arkansas license plate number 490PKM. (Doc. 86-3, p. 2). He also owned a white

2

2009 Chevrolet Silverado 1500, VIN 1GCEC14X59Z204070, registered with Arkansas license
plate number 448OEF.

(Doc. 86-3, p. 3).

He also owned a Kubota L3400145T tractor.

(Doc. 31-14, p. 1).
• Plaintiff Cheriese Kiddie was co-owner of those vehicles and the tractor, according to the
title or bill of sale for each. (Docs. 31-14, p. 1; 86-3).
• Following George’s death, Johnnie Copeland exercised full control over what had been
George Woodbury’s property, and transferred it to others in accordance with his trust. The tractor
sold at auction for $13,600. (Doc. 98, p. 4). The van sold at auction for $5,600. (Doc. 98, p. 5).
The trailer sold at auction for $415. (Doc. 98, p. 1). The pickup had a market value of $10,000 at
the time and place of George Woodbury’s death. 2
• Those Defendants, and anyone else, receiving property as a result of the distribution of
trust assets had a good faith belief that they were then entitled to full ownership of that property.
Applying Arkansas law to these facts, the Court finds that no reasonable juror would
disagree that when Defendant Johnnie Copeland treated the tractor, trailer, van, and pickup—items
that became the sole property of Plaintiff Cheriese Kiddie upon the death of George Woodbury—
as trust property and distributed it or had it sold at auction, she committed the tort of conversion.
See Hatchell v. Wren, 211 S.W.3d 516, 521 (Ark. 2005) (“If the defendant exercises control over
the goods in exclusion or defiance of the owner’s rights, it is a conversion, whether it is for the
defendant’s own use or another’s use. The proper measure of damages for conversion of property

2

This value is derived from a review of quarterly editions of the Kelley Blue Book from
time periods proximate to the date of George Woodbury’s death. The Court takes judicial notice
of the means by which Kelley Blue Book values are determined.
See
https://www.kbb.com/articles/car-advice/what-are-kelley-blue-book-values/. The Court takes
further judicial notice that the Kelley Blue Book is customarily used in this geographic region to
determine the value of a vehicle at time of sale. The Court finds that no reasonable juror would
value the truck at a greater or lesser value than $10,000 at the time that George Woodbury died.
3

is the market value of the property at the time and place of the conversion.” (citation omitted)).
Because the other Defendants took in good faith under what they believed to be a valid trust or
through what they believed to be valid sales, no reasonable juror would find that any of those
Defendants was unjustly enriched by distribution of assets to them, or converted the property.
Accordingly, judgment must be entered for Cheriese Kiddie against Johnnie Copeland for
the tort of conversion, in the amount of $29,615, representing the value of the tractor, trailer, and
vehicles converted at the time of George Woodbury’s death. Plaintiff Kiddie is also entitled under
Arkansas law to prejudgment interest on the value of converted property. Dugal Logging, Inc. v.
Ark. Pulpwood Co., 988 S.W.2d 25, 31 (Ark. App. 1999) (finding prejudgment interest appropriate
in conversion case). Despite constitutional amendments affecting the basis for awarding and
calculating prejudgment interest, in Arkansas tort cases it appears to remain simple interest that
accrues at the rate of 6% per year. See Howard W. Brill, 1 Arkansas Law of Damages § 10:4
(Nov. 2019 updates) (reviewing Arkansas case law on availability and rate of prejudgment
interest). Six percent of $29,615 is $1,776.90 per year, or $148.08 per month. A total of 7 years
and 10 months have passed between the conversion and entry of judgment, amounting to
$13,919.10.
Plaintiff is entitled to postjudgment interest at the federal statutory rate.
IT IS THEREFORE ORDERED that judgment will be entered separately for Plaintiff
Cheriese Kiddie on her claim of conversion against Johnnie Copeland in the amount of $43,534.10.
Plaintiff’s remaining claims will be dismissed with prejudice.
IT IS SO ORDERED this 20th day of December, 2019.

/s/P. K. Holmes, ΙΙΙ
P.K. HOLMES, III
U.S. DISTRICT JUDGE
4