Author: Mike Newman

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

SCOA: Only State Has Authority to Direct Summons


In the March 31, 2011 opinion Gatson v. Billings, 2011 Ark. 125, the Arkansas Supreme Court held that a summons stating it is from an individual rather than from the State of Arkansas is invalid.

Appellant Mizell Gatson brought a negligence suit against appellee Freddie Billings. The suit stemmed from a 2004 vehicle accident.

Billings answered the complaint and then filed a motion to dismiss asserting insufficient process. The summons stated it was from “MIZELL GATSON TO DEFENDANT” rather than from “STATE OF ARKANSAS TO DEFENDANT.”

The circuit court dismissed Gatson’s lawsuit without prejudice. The supreme court affirmed the dismissal. Continue reading SCOA: Only State Has Authority to Direct Summons

SCOA: Dismissal Without Prejudice Due to No Timely Service Is Unappealable

In the March 3, 2011 opinion Carroll v. Baker, 2011 Ark. 98, the Arkansas Supreme Court held that a dismissal for failure to accomplish timely service is not appealable if the plaintiff has the option to refile.

On January 7, 2010, Appellant Conray Carroll brought suit against Appellee Dawn Baker, a deputy clerk in the Pulaski County Circuit Clerk’s office. Carroll contended that his due process rights had been violated when the transcript for an appeal of an earlier suit he filed, relating to his 1997 rape conviction, was not tendered to the appellate court due to his not paying certain fees.

The 2010 lawsuit was dismissed without prejudice by the circuit court when it was not served on Baker within 120 days. Rule 4(i) of the Arkansas Rules of Civil Procedure requires service on a defendant within 120 days of the complaint being filed. Carroll appealed the dismissal.

The Arkansas Supreme Court dismissed Carroll’s appeal. Continue reading SCOA: Dismissal Without Prejudice Due to No Timely Service Is Unappealable