Cigna Insurance v. Brisson

Supplemental Opinion on Rehearing

March 21, 1988

Steele Hays, Justice.

Our decision in this case, released on February 16,1988, was wrong. We dismissed the appeal because we regarded it as an attempt to appeal from an order denying a motion by the defendant, Cigna, to dismiss the action. We said that because the order was not final it was not appealable. Ark. R. App. P. 2; Heffner v. Harrod, 278 Ark. 188, 644 S.W.2d 579 (1983).

By petition for rehearing Cigna has pointed out that such an order is appealable, even though it does not dispose of the action, when it is entered more than ninety days…