Wallace v. Hale

W.H. “Dub” Arnold, Chief Justice.

The issue in this appeal stice. reserving his objections to jurisdiction and service of process and reserving the right to plead further in his original responsive pleading, the appellee “asserted” these defenses, as required by Ark. R. Civ. P. 12(b). We hold that appellee’s reserving of objections amounted to “asserting” the defenses, and we hereby affirm the trial court’s dismissal of this action.

Appellant, as executrix of the estate of Carrie Floy Rickett, sued appellee on a promissory note. That case was dismissed without prejudice because appellant failed…