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MAESTRI v. SIGNATURE BANK

No. CA12-365.

2013 Ark.App. 174

K. DANIEL MAESTRI, INDIVIDUALLY and as SOLE SHAREHOLDER of MAESTRI'S FOOD, INC, APPELLANT, v. SIGNATURE BANK of ARKANSAS et al., FIRST NATIONAL BANK of ROGERS, LINDSEY & ASSOCIATES, INC., et al., and BLOCK REALTY and AUCTION, APPELLEES.

Court of Appeals of Arkansas, Division II.

Opinion Delivered March 13, 2013.

Attorney(s) appearing for the Case

The Evans Law Firm, P.A. by: Marshall Dale Evans, for appellant.

Everett, Wales & Comstock by: Joel E. Cape, for appellee Signature Bank of Arkansas.

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. by: Tony Juneau, for appellee First National Bank of Rogers.

Hugh Jarratt, for appellees Lindsey and Associates, James E. Lindsey, and Kirk Elsass.

Barber, McCaskill, Jones & Hale, P.A. by: Gail Ponder Gaines, for appellees Paul Colvin, Jr., and Block Realty and Auction.

BILL H. WALMSLEY, Judge.

K. Daniel Maestri, individually and as sole shareholder of Maestri's Food, Inc., appeals from an order of the Washington County Circuit Court dismissing his complaint against appellees on the basis of a defect in the summonses served on appellees. Appellant raises two points on appeal: (1) the trial court erred in holding that his service of a third amended complaint in accordance with Ark. R. Civ. P. 5(b) was insufficient, and (2) the trial...

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