Litigation

Trial Court Cannot Reinstate a Case That is Dismissed Because of the Trial Court's Error

By H. William Allen et al.

The Arkansas Supreme Court affirmed dismissal for want of prosecution in Watson v. Connors, No. 07-208 (1/10/08).

This case was inactive for 2 years, so the trial dismissed the case pursuant to Ark. R. Civ. P. 41(b). Unfortunately, the court failed to notify the parties. Watson found out about the dismissal a year later and moved to have the case reinstated under Ark. R. Civ. P. 60(b). Under this rule, trial courts can amend a "clerical error" at any time, but  they cannot make other amendments after 90 days. The trial court acknowledged the dismissal was entered in error but determined it did not have jurisdiction to reinstate the case.

The supreme court agreed and affirmed the dismissal. The court hinted that it may make an exception if circumstances dictate, but it refused to create an exception when Watson failed to do anything in the case for 3 years.

Full post as published by Arkansas Business Litigation Blog on January 17, 2008 (boomark / email).