# Forrest City MacHine Works, Inc. v. Lyons

> Supreme Court of Arkansas · November 22, 1993 · 315 Ark. 173

URL: https://www.frixlaw.com/law-library/cases/9762050

## Case

- **Full name:** FORREST CITY MACHINE WORKS, INC. v. Jimmy Ray LYONS
- **Court:** Supreme Court of Arkansas
- **Decided:** November 22, 1993
- **Citations:** 315 Ark. 173; 866 S.W.2d 372; 1993 Ark. LEXIS 649
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Glaze, Brown
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9762050

## How later opinions describe it (automated extraction)

- 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
- holding that in Lyons I, the plaintiff had completed service for purposes of the savings statute
- affirming application of savings statute where case was dismissed based on improper service

## Opinion text

Robert L. Brown, Justice, concurring. This case in part concerns itself with an issue laid to rest by Green v. Wiggins, 304 Ark. 484 , 803 S.W.2d 536 (1991). The issue is when is a cause of action commenced for purposes of the savings statute. We held in Green that simply filing a complaint did not commence an action for savings statute purposes, even though Ark. R. Civ. P. 3 does not exempt savings statute matters from its general pronouncement.
I agree with the opinion in this case but write to emphasize the point that filing a complaint under Rule 3 does not by itself determine commencement for purposes of limitation of actions or the savings statute. Service of process under Rule 4(i) must at least be attempted in order for commencement to occur and to toll the 120-day requirement for service. A strict reading of our Rule 3 might indicate otherwise.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9762050. Public record. Not legal advice.