Posey v. St. Bernard's Healthcare, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the plaintiffs did not complete service for purposes of the savings statute when they served the defendant with a complaint signed by an unlicensed attorney, a nullity under Arkansas law, and made no attempt to serve the defendant with the amended complaint
• plaintiffs “admitted on the record that they never attempted to serve [defendant] with the amended complaint”
• Defendant asserted a statute-of-limitations defense but failed to raise the defense of insufficient service of process in its responsive pleading.
• “Even though this court has interpreted the savings statute liberally …, this court has specifically held that service of process must, at least, be timely attempted in order for the action to be deemed to have commenced so that the savings statute will apply.”

Source: CourtListener parenthetical corpus (CC0).