Jones v. Douglas (Majority)Annotate this Case
Appellants filed a complaint for breach of contract, non-disclosure, rescission, damages, and negligence against Appellees. Appellants obtained a default judgment. Appellees moved to set aside the default judgment on the grounds that the summons was defective on its face. The circuit court granted the motion and set aside the default judgment due to the defective summons and resulting lack of personal jurisdiction over Appellees. Appellees then filed a motion to dismiss the case with prejudice on the grounds that service was never completed and that the savings statute did not apply. The circuit court granted the motion to dismiss. The Supreme Court (1) affirmed the circuit court’s ruling setting aside the default judgment, as the summons failed strictly to comply with the requirements of Ark. R. Civ. P. 4(b); and (2) reversed the dismissal with prejudice, holding that Appellants were entitled to the benefit of the savings statute.