Morgan v. Century 21 Perry Real Estate

I cannot agree to affirm this case because it is clear to me that the appellee has failed to comply with the requirements of Ark. R. Civ. P. 4(f) (2001) that a “diligent inquiry” be conducted before service by warning order may be substituted for personal service upon a defendant.

At all relevant time during the proceeding, Arkansas Rule of Civil Procedure 4(f) (1999) provided in pertinent part:(f) Service Upon Defendant Whose Identity or Whereabouts Is Unknown(1) Where it appears by the affidavit of a party or his attorney that, after diligent inquiry, the identity or whereabouts of a…