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WEYMOUTH v. CHISM

No. CA 01-94.

55 S.W.3d 307 (2001)

75 Ark.App. 164

Harry A. WEYMOUTH, v. Johnny Lee CHISM.

Court of Appeals of Arkansas, Division I.

September 26, 2001.

Attorney(s) appearing for the Case

Brian K. Mueller, Booneville, for appellant.

Gardner & Hardin, P.A., by Stephen C. Gardner, Russellville, for appellee.

ANDREE LAYTON ROAF, Judge.

Harry A. Weymouth appeals from a summary judgment granted to appellee Johnny Lee Chism, dismissing Weymouth's negligence complaint against Chism based on the running of the threeyear statute of limitations. Weymouth had nonsuited a previous action filed against Chism in 1998, almost three years to the day after a 1995 vehicular accident. However, Weymouth had failed to serve this complaint upon Chism within the requisite 120 days. Weymouth...

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