Jones v. Douglas

The majority finds merit in appellants’ argument that, even if we affirm the finding that the summons was defective and, thus, dismissal was proper, the circuit court erred in entering a subsequent order dismissing |1fiwith prejudice. I disagree that service was completed, albeit improperly, and that precedent allows appellants to refile the complaint and obtain proper service within, one year of the order of dismissal pursuant to Rettig v. Ballard, 2009 Ark. 629, 362 S.W.3d 260. Accordingly, I dissent.

In David Newbern & John J. Watkins, Arkansas Civil Practice and Procedure § 5.10 (4th ed.…