SCOA: Previous Subject Matter Jurisdiction Dismissal Does Not Count For 2-Dismissal Rule

In the case Jonesboro Healthcare Ctr., LLC v. Eaton-Moery Envtl. Services, Inc., 2011 Ark. 501 (decided December 1, 2011), the Arkansas Supreme Court held that a previous dismissal for lack of subject matter jurisdiction will not count as a dismissal for purposes of the two-dismissal provision of Ark.R.Civ.P. 41(b).

Generally under Rule 41(b), a dismissal will be deemed to be with prejudice if the case has previously been dismissed. (Sometimes this is referred to as the “two-dismissal rule.”)

But in this case, notwithstanding what it said was the “literal” language of the rule, the supreme court held that a previous subject matter jurisdiction dismissal will not be considered the type of dismissal to which Rule 41(b) applies. Continue reading SCOA: Previous Subject Matter Jurisdiction Dismissal Does Not Count For 2-Dismissal Rule

SCOA: Certified Mail Service on LLC Valid Despite Postal “Restricted Delivery” Error

In the case Advance Fiberglass, LLC v. Rovnaghi, 2011 Ark. 516 (decided December 8, 2011), the Arkansas Supreme Court held that service sent via certified mail with restricted delivery to the agent of the defendant limited liability company was proper even though the agent did not sign the mail receipt.

The certified mail, with “restricted delivery” requested, was addressed to Bryan S. Jeffrey, the LLC’s agent. But an employee of Mr. Jeffrey, rather than Mr. Jeffrey himself, signed the certified mail receipt.

The LLC sought dismissal on the basis of insufficient service of process. Continue reading SCOA: Certified Mail Service on LLC Valid Despite Postal “Restricted Delivery” Error

ACOA: Notice of Appeal of Post-Judgment Attorney Fee Order Must Reference the Order

The case Spill Responders, Inc. v. Felts, 2011 Ark. App. 267, is a good reminder of two important points regarding appeals: (1) To preserve trial error arguments, they must be made during trial; (2) A post-judgment attorney fee award order must be mentioned in the notice of appeal to be challenged on appeal.

Background

The litigation in this case stemmed from a dispute over a corporate stock purchase agreement. Continue reading ACOA: Notice of Appeal of Post-Judgment Attorney Fee Order Must Reference the Order

2011 Arkansas Civil Procedure Rule Changes

On June 2, the Arkansas Supreme Court released the 2011 changes to the Arkansas Rules of Civil Procedure (2011 Ark. 250).

The supreme court adopted most of the proposed rule changes that were announced back in March. They did not adopt the proposed new Service and Proof of Service forms.

The changes take effect on July 1, 2011. They include:

  • 30-Day Answer Period for All Defendants in Circuit Court – Rule 12 will state that a defendant must file his or her answer to a complaint within 30 days. Currently, Arkansas defendants have 20 days to answer, and out-of-state defendants have 30 days. (Incarcerated defendants will still have 60 days.) The official Summons form is revised to reflect this. Continue reading 2011 Arkansas Civil Procedure Rule Changes