Trusclair v. McGowan Working Partners

Summary

The Supreme Court of Arkansas held that a summons misstating the answer period for a foreign corporation constituted defective service because Arkansas law requires exact compliance with summons requirements. Because valid service was not obtained within 120 days and no timely extension was requested, dismissal was mandatory; the prior dismissal of the action also required the second dismissal to operate with prejudice.

Holdings

1. A summons that states a foreign corporation has twenty days to answer, instead of the thirty days required by Rule 12(a), fails to comply exactly with Rule 4(b), rendering the service of process invalid and depriving the circuit court of jurisdiction.
2. The circuit court could not cure the defective summons under Rule 4(h) because Trusclair neither obtained valid service within 120 days after filing the complaint nor filed a motion to extend within that period.
3. Because Trusclair's action had previously been dismissed without prejudice, the second dismissal operated as an adjudication on the merits under Rule 41(b) and was properly entered with prejudice.

Questions Presented

1. Whether a summons misstating a foreign corporation's answer deadline from thirty days to twenty days is sufficiently defective to invalidate service of process and deprive the circuit court of jurisdiction.
2. Whether the circuit court could amend the summons under Arkansas Rule of Civil Procedure 4(h) after the 120-day service period had expired without a timely motion to extend.
3. Whether the second dismissal operated as an adjudication on the merits under Arkansas Rule of Civil Procedure 41(b), requiring dismissal with prejudice.

Disposition

affirmed