Legal Opinion · Dissent

Henson v. Cradduck

Supreme Court of Arkansas

Decided November 16, 2017No. CV-16-1080Published

1DissentKaren R. Baker, Justice

|7I must dissent from the majority’s opinion because I cannot agree with either the majority’s analysis or its conclusion to dismiss'this appeal without prejudice for lack of a final appealable order. The court need not reach the issue of whether the order is final under Rule 54. Instead, I would affirm the circuit court because a nonlawyer personal representative is not authorized to file a pro se complaint in a wrongful-death action, the circuit court did not have jurisdiction and Ark. Code Ann. § 16-62-102 correctly dismissed this action with prejudice. Although not raised by the parties,…

2Cases cited14 opinions

  1. Davenport v. LeeSupreme Court of Arkansas · 2002
  2. Arkansas Bar Association v. Union National BankSupreme Court of Arkansas · 1954
  3. Ramirez v. White County Circuit CourtSupreme Court of Arkansas · 2001
  4. Koonce v. MitchellSupreme Court of Arkansas · 2000
  5. Brewer v. PooleSupreme Court of Arkansas · 2005

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