Supreme Court of Arkansas

Nash v. Pulaski Cty. Cir. Ct.dissent

March 2, 20172017 Ark. 73

Summary

Justice Hart dissented from the denial of mandamus, concluding that an appeal would not provide Nash an adequate remedy. She reasoned that the circuit court should appoint a special administrator for the deceased defendant's estate so Nash could serve that representative and pursue his claims. The dissent maintained that without valid service on a personal representative, the circuit court could not obtain personal jurisdiction and appellate review would be unavailable.