Cole v. First Nat. Bank of Ft. Smith

2 Citing cases

  1. Harden v. Beck

    2021 Ark. App. 481 (Ark. Ct. App. 2021)   Cited 2 times

    Rettig v. Ballard, 2009 Ark. 629, 362 S.W.3d 260 (holding that a suit was commenced within the statute of limitations when the complaint was timely filed, although timely served summonses were defective; thus, savings statute applied to permit suit within one year of dismissal). They also discuss several other Arkansas Supreme Court cases: Jones v. Douglas, 2016 Ark. 166, 489 S.W.3d 648 (holding that a timely, completed attempt to serve appellees afforded appellants the benefit of the savings statute); Forrest City Mach. Works, Inc. v. Lyons, 315 Ark. 173, 866 S.W.2d 372 (1993) (holding that improper service within 120 days of filing of the first complaint was sufficient to invoke the saving statute and toll the statute of limitations); Cole v. First Nat'l Bank of Ft. Smith, 304 Ark. 26, 800 S.W.2d 412 (1990) (holding that even though service had not been perfected, the savings statute applied).

  2. DWB, LLC v. D&T Pure Tr.

    2018 Ark. App. 283 (Ark. Ct. App. 2018)   Cited 11 times

    Irrespective of this, appellants contend that they had a right to rely on the finding, even if it was erroneous. SeeKing v. Carney , 341 Ark. 955, 20 S.W.3d 341 (2000) ; Cole v. First Nat'l Bank of Fort Smith , 304 Ark. 26, 800 S.W.2d 412 (1990). The cases cited by appellant are inapposite.