Geraldine Henson, as Personal Representative of the Estate of David Henson, Deceased, Appellant v. — Baker, J…

Summary

Justice Baker, joined by Justices Goodson and Hart, dissented from dismissal of the appeal for lack of a final appealable order. She would have affirmed the circuit court's dismissal with prejudice because the nonlawyer personal representative's pro se wrongful-death complaint was unauthorized practice of law, a nullity, and untimely under either potentially applicable limitations period. She also reasoned that the complaint failed to satisfy the statutory requirement governing who must bring a wrongful-death action. The dissenting justices therefore rejected the majority's finality analysis and would have affirmed on jurisdictional and pleading grounds.