Supreme Court of Arkansas

Geraldine Henson, as Personal Representative of the Estate of David Henson, Deceased, Appellant v. Kelley Cradduck…

November 16, 2017530 S.W.3d 847

Summary

The court dismissed the appeal without prejudice because the circuit court's order was not a final, appealable order. The order's caption, body, and reference to an unspecified motion to dismiss created uncertainty about which defendants had been dismissed, and some claims therefore remained pending. The court declined to reach the statute-of-limitations, standing, and subject-matter-jurisdiction issues. Justice Baker, joined by Justices Goodson and Hart, dissented and would have affirmed the dismissal with prejudice based on the asserted invalidity of the pro se wrongful-death complaint.