Nucor Corp. v. Kilman

Because I believe stice, judgment was void ab initio from a failure of appellees to strictly comply with the requirements for a summons, and because I believe that System’s unconditional right to intervene warrants setting aside the default judgment so that it can protect its interest under the indemnification clause with Nucor, I respectfully dissent.

Rule 4(b) of the Arkansas Rules of Civil Procedure provides:

Form. The summons shall be styled in the name of the court and shall be dated and signed by the clerk; be under the seal of the court; contain the names of the parties; be directed to…