Orr v. Calicott

ROBERT J. GLADWIN, Judge.

| ;This is the second time that this case has been before us. The primary issue is whether a dismissal of a plaintiffs complaint for lack of proper venue becomes one with prejudice if the plaintiff appeals the venue issue and loses on appeal.1 The Faulkner County Circuit Court held that our affirmance of the earlier dismissal was with prejudice. We reverse and remand for further proceedings.2

Appellant Tasha Orr, individually and as court-appointed personal representative of the estate of her infant son Melvin Wood-son, Jr., filed a complaint in the Lee County Circuit…