Henyan v. Peek

Summary

The Arkansas Supreme Court held that, under Arkansas Rule of Civil Procedure 4(i), a plaintiff seeking an extension of the 120-day service period must make a showing of good cause before the extension is granted. The court affirmed setting aside prior extensions and dismissing the medical-malpractice action because the plaintiffs' extension motions stated no cause and their later explanation was insufficient to cure the omission. The dismissal was with prejudice because the plaintiffs had previously taken a voluntary nonsuit.

Holdings

1. To obtain an extension of the 120-day period for service under Arkansas Rule of Civil Procedure 4(i), a plaintiff must timely file the extension motion and make a showing of good cause before the court grants the extension.
2. The court would not consider appellants' reliance argument because it was not clearly raised below and the trial court did not rule on it.
3. The dismissal was properly entered with prejudice because appellants had previously taken a voluntary nonsuit.

Questions Presented

1. Whether Arkansas Rule of Civil Procedure 4(i) requires a plaintiff to show good cause before the trial court grants an extension of the 120-day period for service of process.
2. Whether appellants could rely on extension orders that were later set aside despite their failure to show good cause in the extension motions.
3. Whether dismissal for failure to serve valid process was properly entered with prejudice because appellants had previously taken a voluntary nonsuit.

Disposition

affirmed