CITY OF FT. SMITH v. MERRIOTT

No. CV-19-255.

593 S.W.3d 481 (2020)

2020 Ark. 94

CITY OF FORT SMITH, Arkansas, Appellant v. Jennifer MERRIOTT, Individually and on Behalf of Those Similarly Situated, Appellee.

Supreme Court of Arkansas.

Opinion Delivered: February 27, 2020.


Attorney(s) appearing for the Case

Daily & Woods, PLLC, Fort Smith, by: Jerry L. Canfield , Colby T. Roe , and Michael A. LaFreniere , for appellant.

Monzer Mansour , Springdale; and King Law Group, Fort Smith, by: W. Whitfield Hyman , for appellee.


In this case, we consider a narrow question of procedure involving the notice requirement in Arkansas Rule of Civil Procedure 23(c). We must decide whether a defendant waives the right to compel class notice by moving for summary judgment prior to notice, even if the motion is denied and no decision on the merits...

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