Capital SeniorCare Ventures LLC v. Circuit Court of Pulaski County (Majority)Annotate this Case
Respondent Cindy Clough, as personal representative of the estate of Joyce Vinson, filed an amended complaint against Petitioners Capital SeniorCare Ventures, LLC, et al. (Capital SeniorCare) alleging the same claims as the original complaint she filed in this case and later voluntarily dismissed. Clough did not file a new civil cover sheet or pay a filing fee, and no new summonses were issued to Capital SeniorCare. The circuit court concluded that the case was closed. Clough subsequently filed a new complaint as a new case. Capital SeniorCare filed a motion to dismiss the amended complaint for lack of service. The circuit court denied the motion to dismiss, finding that the amended complaint was void because it had been filed in a closed case. Capital SeniorCare filed the instant petition for a writ of certiorari. The Supreme Court denied the petition for the writ on the ground that Capital SeniorCare had an adequate remedy in the form of an appeal.