Litigation

Dismissal Affirmed for Failure to Strictly Comply with Service Rules

By H. William Allen et al.

The Arkansas Supreme Court affirmed dismissal in Trusclair v. McGowan Working Partners, No. 08-769 (4/16/09).

Trusclair voluntarily dismissed his first complaint. On the second complaint, the summons incorrectly stated that McGowan, a foreign corporation, had 20 days to answer. Otherwise, service was appropriate. Trusclair failed to cure this defect within 120 days. The trial court found it did not have jurisdiction to amend the summons and dismissed the second complaint with prejudice.

On appeal, Trusclair argued that Ark. R. Civ. P. 4(h) permits the trial court to amend the summons at any time. The court rejected this argument and held the trial court cannot amend the summons once the 120 day time limit has expired for strict compliance with Ark. R. Civ. P. 4. The court affirmed the dismissal with prejudice.

Full post as published by Arkansas Business Litigation Blog on April 17, 2009 (boomark / email).