In the December 9, 2010 opinion Looney v. Blair, 2010 Ark. 479, the Arkansas Supreme Court affirmed a circuit court’s order granting a Rule 12(f) motion to strike an untimely answer to a counterclaim.
Appellants Shane and Monica Looney had been served with a counterclaim filed by Appellee Faye Blair on February 9, 2009. The Looneys did not file their answer until April 23, 2009, about seven weeks after the March 4 due date. Blair filed a motion to strike the untimely answer, but did not file a motion for default. Continue reading SCOA: Striking Untimely Counterclaim Answer Is Proper