Legal Opinion · Dissent

Independent Insurance Consultants, Inc. v. First State Bank

Supreme Court of Arkansas

Decided January 15, 1973No. 5-6146Published

1DissentJohn A. Fogleman, Justice

I agree with the policy and reasoning underlying the requirement of Ark. Stat. Ann. § 27-2101 (Supp. 1971) that an order of a trial court be “final” before it is appealable. Nothing could do more to clog the judicial machinery than piecemeal appeals, unless it is the necessity for new trials of entire cases because of trial court errors that could have been corrected upon an appeal such as this. I respectfully submit that the summary judgment in this case is final and appealable.

In order to explain the basis of my position it is necessary that I point out matters in the record in addition to…

2Cases cited39 opinions

  1. Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
  2. Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
  3. Peckham v. Ronrico CorporationCourt of Appeals for the First Circuit · 1948
  4. Mason v. FunderburkSupreme Court of Arkansas · 1969
  5. Dulansky v. Iowa-Illinois Gas & Electric Co.Court of Appeals for the Eighth Circuit · 1951

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