McCain Mall Co. Ltd. P'ship v. Pulaski County Circuit Court (Majority, with Dissenting)Annotate this Case
Ethel Long filed a complaint against Simon Property Group and later filed an amended complaint substituting McCain Mall Company Limited Partnership as the actual defendant. Long served McCain Mall’s registered agent, but McCain Mall did not file a timely answer. The circuit court granted Long’s motion for default judgment. McCain later filed its answer. Long responded by filing a motion to strike the answer on the ground that a default judgment had already been entered. The circuit court granted Long’s motion. McCain Mall appealed, but one day before lodging the record in its appeal, McCain Mall filed a petition for writ of certiorari, arguing that the circuit court acted without jurisdiction because the summons was fatally defective, as it listed the wrong defendant. The Supreme Court denied the petition, holding that McCain Mall had another adequate remedy through the interlocutory appeal it filed.