Cory v. Mark Twain Life Insurance

John I. Purtle, Justice.

The trial court dismissed appellants’ complaint with prejudice pursuant to his interpretation of the mandate of this court on first appeal of this case. Mark Twain Life Ins. Corp. v. Cory, 283 Ark. 55, 670 S.W.2d 809 (1984). The trial court misinterpreted the mandate of this court.

The first sentence in our first opinion stated: “This appeal presents the question of what constitutes a previous filing of the same suit between the same parties in the face of a motion to dismiss the complaint pursuant to ARCP 12(b)(8).” The last mentioned rule provides for the dismissal of…