HEAD v. GILES

No. 00-111.

36 S.W.3d 344 (2001)

343 Ark. 478

Brenda HEAD v. Wilbur M. GILES, M.D.; and Virginia Reciprocal Insurance Company.

Supreme Court of Arkansas.

February 1, 2001.


Attorney(s) appearing for the Case

Gordon, Caruth & Virden, P.L.C., by: Bart F. Virden and Jeannie L. Denniston, Morrilton, for appellant.

Friday, Eldredge & Clark, by: Laura Hensley Smith and Jason Hendren, Little Rock, for appellees.


W.H. "DUB" ARNOLD, Chief Justice.

Appellant, Brenda Head, raises an issue of first impression concerning the interpretation of Ark. R. Civ. P. 36 and 41 (2000). Specifically, Head questions whether a second cause of action involving the same parties and claims, filed after a previous voluntary nonsuit, is an "other proceeding" under Rule 36, and whether admissions made under Rule 36 in the nonsuited action may be used against a party in the second case. Our jurisdiction...

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