Kilcrease v. Butler

Supreme Court of Arkansas

Kilcrease v. Butler

724 S.W.2d 169, 291 Ark. 275, 1987 Ark. LEXIS 1951

CourtSupreme Court of Arkansas

DecidedFebruary 23, 1987

Docket86-173

StatusPublished

Cited by11 cases

This text of 724 S.W.2d 169 (Kilcrease v. Butler) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kilcrease v. Butler, 724 S.W.2d 169, 291 Ark. 275, 1987 Ark. LEXIS 1951 (Ark. 1987).

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Opinion

Steele Hays, Justice.

Amanda Kilcrease brought suit against Drs. Roy Gene Girkin, Dennis R. Fecher and James Butler for the wrongful death of her husband, allegedly caused by medical malpractice.

Dr. Butler moved for the dismissal of the complaint as to him under ARCP Rule 12(b). The circuit court granted the motion and Mrs. Kilcrease has appealed. We dismiss the appeal for the lack of an appealable order, a jurisdictional requirement we are obliged to raise even when the parties do not. Arkansas Savings and Loan v. Corning Savings and Loan Association, 252 Ark. 264, 478 S.W.2d 431 (1972).

This is yet another attempt to appeal from an order dismissing one defendant when other defendants remain and ARCP Rule 54(b) is not complied with. We have issued numerous reminders that the rules of civil procedure do not permit an appeal in such cases except in accordance with Rule 54(b). Arkhola Sand & Gravel Co. v. Hutchinson, 289 Ark. 313, 711 S.W.2d 474 (1986); Sherman v. G & H Transportation, Inc., 287 Ark. 25, 695 S.W.2d 832 (1985); Tulio v. Arkansas Blue Cross and Blue Shield, Inc., 283 Ark. 278, 675 S.W.2d 369 (1984); 3-W Lumber Co. v. Housing Authority of Batesville, 287 Ark. 70, 696 S.W.2d 725 (1985); Vermeer Manufacturing Co. v. Vandiver Equipment Co. and Ford Motor Co., 279 Ark. 248, 650 S.W.2d 244 (1983). That was not done in this case and the order is not appealable. ARAP Rule 2.

Appeal dismissed without prejudice to an appeal from a final judgment.

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Steele Hays, Justice.

Amanda Kilcrease brought suit against Drs. Roy Gene Girkin, Dennis R. Fecher and James Butler for the wrongful death of her husband, allegedly caused by medical malpractice.

Dr. Butler moved for the dismissal of the complaint as to him under ARCP Rule 12(b). The circuit court granted the motion and Mrs. Kilcrease has appealed. We dismiss the appeal for the lack of an appealable order, a jurisdictional requirement we are obliged to raise even when the parties do not. Arkansas Savings and Loan v. Corning Savings and Loan Association, 252 Ark. 264, 478 S.W.2d 431 (1972).

This is yet another attempt to appeal from an order dismissing one defendant when other defendants remain and ARCP Rule 54(b) is not complied with. We have issued numerous reminders that the rules of civil procedure do not permit an appeal in such cases except in accordance with Rule 54(b). Arkhola Sand & Gravel Co. v. Hutchinson, 289 Ark. 313, 711 S.W.2d 474 (1986); Sherman v. G & H Transportation, Inc., 287 Ark. 25, 695 S.W.2d 832 (1985); Tulio v. Arkansas Blue Cross and Blue Shield, Inc., 283 Ark. 278, 675 S.W.2d 369 (1984); 3-W Lumber Co. v. Housing Authority of Batesville, 287 Ark. 70, 696 S.W.2d 725 (1985); Vermeer Manufacturing Co. v. Vandiver Equipment Co. and Ford Motor Co., 279 Ark. 248, 650 S.W.2d 244 (1983). That was not done in this case and the order is not appealable. ARAP Rule 2.

Appeal dismissed without prejudice to an appeal from a final judgment.

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724 S.W.2d 169, 291 Ark. 275, 1987 Ark. LEXIS 1951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kilcrease-v-butler-ark-1987.

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