Clark v. Fitzgerald

Frank Holt, Justice.

Following our reversal and remand in Newton & Fitzgerald v. Clark, 266 Ark. 237, 582 S.W. 2d 955 (1979), the trial court held a “hearing on mandate.” Afterwards, the court issued an “order on mandate” dismissing appellant’s cause of action as to Fitzgerald. Clark appeals contending that since we “reversed and 'remanded” without further directions, he is entitled to a new trial as to Fitzgerald.

In the original action, Clark brought suit against Newton and Fitzgerald for injuries sustained when Clark drove into the rear of Newton’s loaded log truck which had stalled on a…