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RETTIG v. BALLARD

No. 09-361.

362 S.W.3d 260 (2009)

2009 Ark. 629

Jimmy RETTIG, Appellant, v. Alton BALLARD, Individually and as an Agent/Employee of Mississippi Coast Carriers and Mississippi Coast Carriers, Inc., Appellees.

Supreme Court of Arkansas.

Rehearing Denied January 21, 2010.

Attorney(s) appearing for the Case

Law Office of Peter A. Miller, by: Peter A Miller and Robert L. Scull , Little Rock, and Brian G. Brooks , Attorney at Law, PLLC, by: Brian G. Brooks , Greenbriar, for appellant.

Bassett Law Firm LLP, by: Dale W. Brown , Fayetteville, for appellees.

JIM HANNAH, Chief Justice.

Jimmy Rettig appeals a Pulaski County Circuit Court order dismissing his complaint with prejudice. The circuit court found that dismissal was required because Rettig failed to serve a complaint and valid summons within the 120 days allowed by Arkansas Rule of Civil Procedure 4(i). Further, because the statute of limitations had expired by the time appellees Alton Ballard and Mississippi Coast Carrier filed their motion to dismiss, the circuit...

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