Jonesboro Healthcare Center, LLC v. Eaton-Moery Environmental Services, Inc., D/b/a Delta Environmental

Summary

The court affirmed the circuit court’s dismissal without prejudice, holding that an earlier dismissal for lack of subject-matter jurisdiction did not trigger Rule 41(b)’s two-dismissal rule. Although the later dismissal for defective and untimely service was an involuntary dismissal under Rule 41(b), treating the jurisdictional dismissal as a prior dismissal that operated as an adjudication on the merits would produce an absurd result contrary to the rule’s purpose and established jurisdictional principles. Justice Danielson, joined by Justice Goodson, dissented and would have applied the rule’s plain language to require dismissal with prejudice.