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