Tucker v. Sullivant

I respectfully dissent. The majority concludes that neither Technology Partners, Inc. v. Regions Bank, 97 Ark.App. 229, 245 S.W.3d 687 (2006), nor Hill-Rom, Co. v. Swink, 65 Ark.App. 71, 984 S.W.2d 834 (1999), is on point, but states that it is _Jj¿more persuaded by the Hill-Rom opinion and its reliance on the rule that pleadings are to be liberally construed. The majority therefore concludes that the amended complaint, filed within one year of the previous nonsuit, was sufficient to commence a “new action” under the savings statute, Arkansas Code Annotated section 16-56-126(a)(1)…