McMahan v. Arkansas Department of Human Services, 2014 Ark. App. 590

Appellant Roy McMahan was incarcerated when DHS filed a petition to terminate his parental rights to his son, JM.
DHS served the summons on the Washington County jail administrator and the Tucker Unit warden; McMahan was personally handed a summons at the county jail earlier.
Rule 4(d)(4) requires, for incarcerated defendants, service on the institution administrator, delivery to the defendant, and mailing a copy to the defendant by first-class mail marked "legal mail."
At the termination hearing McMahan moved to dismiss for improper service, testifying he never received any first-class mail marked "legal mail" while at Tucker.
DHS’s witness (a DHS legal assistant) testified she sent a December 16 letter and also mailed a copy marked "legal mail;" the only documentary exhibit was a December 16 letter indicating hand delivery of a summons (and not a petition) rather than first-class "legal mail."
The trial court found service proper; the Court of Appeals held DHS failed to strictly comply with Rule 4 and reversed and dismissed the termination petition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether service complied with Rule 4(d)(4) for incarcerated defendants	DHS: service was proper — summons delivered to jail/warden and DHS mailed documents to McMahan	McMahan: DHS did not mail a first-class letter marked "legal mail" containing summons and complaint to him at Tucker	Court: DHS failed to strictly comply; service improper, petition dismissed

Jones v. Turner, 354 S.W.3d 57 (Ark. 2009) (service of process is required to confer jurisdiction and service rules are strictly construed)
Carruth v. Design Interiors, Inc., 921 S.W.2d 944 (Ark. 1996) (actual notice does not cure defective process)