Black v. Crawley
Docket: 90-145
Court: Supreme Court of Arkansas; March 4, 1991; Arkansas; State Supreme Court
Dorothy M. Black, on behalf of her minor daughter April Renee Black, filed a medical malpractice complaint against Dr. Charles C. Crawley in the St. Francis County Circuit Court on March 9, 1988, seeking damages for alleged malpractice during April's birth in 1981. After filing amended complaints that included additional defendants, Dorothy's personal claim was dismissed on February 28, 1990, due to the expiration of the two-year statute of limitations for medical injury claims under Arkansas law. This appeal concerns the dismissal of Dorothy's claim. The appellate court dismissed the appeal under Arkansas Rule of Civil Procedure 54(b), determining that the order was not final or appealable as it did not contain an express determination regarding just reason for delay nor did it direct entry of judgment. As April's claim remains pending, the dismissal of Dorothy's claim does not meet the requirements for an appealable order, leading to the conclusion that the appeal must be dismissed.