Patsy Simmons Limited Partnership v. Honorable Jay Finch, Benton County Circuit Court, Marlene M. Seratt, Mark A…

Summary

The court held that the summons served on the domestic limited partnership was defective because it incorrectly stated that the partnership had thirty days, rather than twenty days, to answer. Applying Arkansas's strict-compliance rule for service, the court concluded that the circuit court lacked personal jurisdiction, treated the prohibition petition as one for certiorari because the lower court had already acted, and issued certiorari. The court declined to decide whether the complaint should be dismissed with prejudice or whether the savings statute was constitutional because those issues were premature.