Ondirsek et al v. Hoffman

Filing 353

ORDER granting 352 Fifth Motion to Invalidate Mechanic's Liens. The four mechanics' liens filed by David Romero, Jon Curry, Zechariah Edwards, and Greg Seago (numbered 2013F-19388 through 2013F-19391) are invalid. Signed by Honorable Barry A. Bryant on July 17, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
SPENCER ONDRISEK and
SETH CALAGNA
vs.

PLAINTIFFS

Civil No. 4:08-cv-04113

BERNIE LAZAR HOFFMAN a/k/a
TONY ALAMO

DEFENDANT
ORDER

Before the Court is Plaintiffs’ Fifth Motion to Invalidate Mechanics Liens. ECF No. 352.
With this Motion, Plaintiffs seek to invalidate four recently-filed mechanics’ liens against one of the
properties subject to the Second Writ of Execution: 3100 N. 50th Street, Fort Smith, Arkansas. Id.
The liens in question were filed by four individuals: David Romero, Jon Curry, Zechariah Edwards,
and Greg Seago. Id.
The Court heard testimony related to the property interests of these individuals during a
hearing in Texarkana, Arkansas on February 5, 2014. ECF No. 321. All of the individuals who filed
these liens were present at this hearing and testified during this hearing. Id. Considering this
testimony, the Court now enters the following Order.
The statutes for mechanics’ and materialmen’s liens are included in Arkansas Code
Annotated § 18-44-101 through § 18-44-135. Under these provisions, a “contractor, subcontractor,
or material supplier” who “by virtue of a contract with the owner, proprietor, contractor, or
subcontractor, or agent thereof” could be entitled to a lien on the land “upon which the improvement
is situated.” ARK. CODE ANN. § 18-44-101(a).
Upon review, consistent with the following, the Court finds these purported mechanics’ liens
are invalid. Under Arkansas Code Annotated § 18-44-101(a), these liens arise “by virtue of a
contract.” The purported lienholders are the following: (1) David Romero; (2) Jon Curry, (3)

Zechariah Edwards, and (4) Greg Seago. ECF No. 352. Each one of these individuals testified at
a hearing the Court held on February 5, 2014. Id. During this hearing, none of these individuals
testified they entered into a contract to be compensated for the services they provided on this
property.
First, David Romero testified he provided his work “to the benefit of the ministry” and
testified he has “never sent any bills per se to the brothers and sisters” because, instead of billing the
ministry members, he had his own needs met through the “ministry.” ECF No. 321 at 87-94. Mr.
Romero did not testify or even indicate he was operating under a contract when contributing this
time and labor. Id.
Second, Jon Curry testified he had entered into no contract for his services. ECF No. 321
at 134 (“Q: Okay. And you didn’t have any contract with anyone who is connected with the church,
separate and apart from your original understanding and that is, I’m going to do what I can to help,
and the church is going to help me back. A: That’s correct.”).
Third, Zechariah Edwards testified initially that he did enter into an enforceable agreement
to be compensated for his services. ECF No. 321 at 177-178. Mr. Edwards then changed his
testimony and stated he had an “understanding” that if he provided work, he would have his needs
met. Id. Mr. Edwards then further backtracked on his testimony and indicated his intent in filing
these mechanics’ liens was not to collect money owed to him under a contract but was instead to
block the sale ordered by the Court. Id. at 184. Indeed, Mr. Edwards testified, “The mechanics’ lien
was filed because you people are taking our property away.” Id.
Fourth and finally, Greg Seago testified he had entered into an oral contract, but it was not
for “a specific amount.” Id. at 119. Assuming Mr. Seago is credible and he had entered into an oral
contract, if it was not for “a specific amount,” that contract is not enforceable. See Phipps v. Storey,
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269 Ark. 886, 890, 601 S.W.2d 249, 252, (Ark. Ct. App. 1980) (holding “[i]n order to be enforceable
a contract must be definite and certain in all of its terms and conditions in order that the court may
know what the parties have agreed upon”). Thus, the Court finds Mr. Seago entered into no
enforceable contract.
Consistent with the foregoing, the Court GRANTS Plaintiffs’ Fifth Motion to Invalidate
Mechanics’ Liens (ECF No. 352) and finds the four mechanics’ liens filed by David Romero, Jon
Curry, Zechariah Edwards, and Greg Seago (numbered 2013F-19388 through 2013F-19391) are
invalid.
ENTERED this 17th day of July 2014.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE

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