Deborah Voltz v. Cameron Leigh Dyess

Summary

The Alabama Supreme Court reversed the trial court’s dismissal for lack of service, holding that Rule 4(b) requires at least fourteen days’ notice before such a dismissal and remanded for the plaintiffs to be given an opportunity to show good cause. Justice Murdock, dissenting, argued that the dismissal was proper under Rule 41(b) and that the notice requirement was either satisfied or inapplicable.