Deering v. Supermarket Investors, Inc.

KENNETH S. HIXSON, Judge.

_[_¡The appellants herein, Donna Deering and Barry Deering, appeal from an October 25, 2011 order of the Pulaski County Circuit Court that dismissed with prejudice their complaint against appellee Supermarket Investors, Inc. The appellants’ complaint was dismissed pursuant to the trial court’s finding that there was defective service of process on the appellee’s agent. On appeal, the Deerings argue that by failing to specifically identify its defense of defective summons in responding to the Deerings’ discovery requests, Supermarket Investors waived that defense. The…