Jolynn Smith v. Sidney Moncrief Pontiac, Buick, Gmc Company, D/b/a Sherwood Pontiac, Buick, Gmc Company

Summary

The Supreme Court of Arkansas affirmed, as modified, the dismissal of JoLynn Smith's fraud and breach-of-contract action against Sidney Moncrief Pontiac Buick GMC and its successor Sherwood Pontiac Buick GMC. Because the summonses misidentified the defendants and misstated the response deadline, service was invalid under the strictly construed requirements of Rule 4(b), making dismissal under Rules 12(b) and 4(i) mandatory and the default judgment void ab initio. Because Smith had earlier taken a voluntary nonsuit against Moncrief, the involuntary dismissal operated as an adjudication on the merits under Rule 41(b) as to Moncrief, while as to Sherwood — the first dismissal — the breach-of-contract claim was ordered dismissed without prejudice to refiling under the savings statute and the fraud claim was held time-barred. The court further held that Rule 6(b) cannot extend the 120-day service period absent a timely motion to extend, and that Rule 12(a)'s extra ten days for nonresident defendants does not violate article 12, section 11 of the Arkansas Constitution.