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