Northeast Arkansas Internal Medicine Clinic, P.A. v. Casey

I agree with the majority’s holding that the Clinic’s amended complaint was erroneously dismissed through summary judgment on the ground of res judicata. However, I write separately for the sole purpose of making it clear that a summary judgment can be a find judgment for res judicata purposes.

Summary judgment is an adjudication on the merits that bars a subsequent suit. National Bank of Commerce v. Dow Chem. Co., 338 Ark. 752, 1 S.W.2d 443 (1999); Magness v. McEntyre, 305 Ark. 503, 808 S.W.2d 783 (1991). However, under Arkansas Rule of Civil Procedure 54(b)(1), a summary judgment that does…