Wesley v. Wilkerson , 2015 Ark. 53 ( 2015 )


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  •                                      Cite as 
    2015 Ark. 53
    
                      SUPREME COURT OF ARKANSAS
                                           No.   CV-14-615
    
    EUGENE WESLEY                                     Opinion Delivered February   19, 2015
                                     APPELLANT
                                                      PRO SE APPEAL FROM THE LEE
    V.                                                COUNTY CIRCUIT COURT
                                                      [NO. 39CV-13-20]
    
    MARY ANN WILKINSON AND DIANE                      HONORABLE L.T. SIMES, JUDGE
    HART, LEE COUNTY CIRCUIT
    CLERK’S OFFICE                                    AFFIRMED.
                         APPELLEES
    
    
                                            PER CURIAM
    
    
           On February 11, 2013, appellant Eugene Wesley filed a civil rights complaint against the
    
    Lee County Circuit Court clerk and a deputy clerk, seeking declaratory judgment and money
    
    damages. He subsequently filed a motion for the defendants to produce certain documents and
    
    a motion for default judgment.
    
           On March 25, 2014, the circuit court dismissed the complaint without prejudice on the
    
    ground that no summons had been issued or served in the matter as required by Arkansas Rule
    
    of Civil Procedure 4(i) (2014). The motions were declared moot. Appellant brings this appeal
    
    from the order.
    
           Rule 4(i) provides that, if service of the summons and a copy of the complaint is not
    
    made upon a defendant within 120 days after the filing of the complaint or within the period of
    
    time allowed by an extension, the action shall be dismissed without prejudice. This court has
    
    held that statutory service requirements, being in derogation of common-law rights, must be
    
    strictly construed and that compliance with them must be exact. Trusclair v. McGowan Working
                                           Cite as 
    2015 Ark. 53
    
    Partners, 
    2009 Ark. 203
    , at 3, 
    306 S.W.3d 428
    , 430 (citing Smith v. Sidney Moncrief Pontiac, Buick,
    
    GMC Co., 
    353 Ark. 701
    , 
    120 S.W.3d 525
     (2003)).
    
           Appellant argues that he served a copy of the complaint on the defendants, but the
    
    record in this appeal does not reflect that summonses were ever issued or served in this matter.
    
    Accordingly, based on the record before us, we cannot say that the circuit court erred in
    
    dismissing the complaint without prejudice.
    
           Affirmed.
    
           Eugene Wesley, pro se appellant.
    
           No response.
    
    
    
    
                                                    2
    

Document Info

DocketNumber: CV-14-615

Citation Numbers: 2015 Ark. 53

Judges: Per Curiam

Filed Date: 2/19/2015

Precedential Status: Precedential

Modified Date: 2/19/2015