Litigation

Arkansas Savings Statute Prevents Dismissal with Prejudice for Defective Service

By Kevin Lemley

An imporatnt question of procedure was answered in Rettig v. Ballard, 2009 Ark. 629.Rettig filed suit within the statute of limitations, although the summons was defective. When Ballard moved to dismiss for defective service, the statute of limitations had run. The trial court granted dismissal with prejudice. The issue on appeal was whether the Arkansas savings statute, Ark. Code Ann. § 16-56-126, required dismissal without prejudice.

The supreme court reversed, holding that the savings statute applies in this situation. The court held that, even though the summons was defective, the lawsuit was commenced within the limitations period. The savings statute applies, and Rettig will have one year to refile the case.

Full post as published by Arkansas Business Litigation Blog on December 30, 2009 (boomark / email).