Tucker v. Sullivant

| ml respectfully dissent. Appellants may not amend a complaint in a case in which a final judgment has been entered.

When the judgment of dismissal was entered in Craighead County Circuit Court Case No.2004-135, the case was over and closed. A voluntary dismissal constitutes a final termination of the action. Austin v. Austin, 241 Ark. 634, 638, 409 S.W.2d 833, 835-36 (1966) (quoting 27 C.J.S. Dismissal and Nonsuit § 39, at 376-79 (1959) (dismissal of habeas petition by petitioner before a responsive pleading was filed)); see also Elzea v. Perry, 340 Ark. 588, 591, 12 S.W.3d 213, 215 (2000)…