McKIBBEN v. MULLIS

No. CA 02-130.

90 S.W.3d 442 (2002)

79 Ark.App. 382

Darwin McKIBBEN, Executor of the Estate of Susan McKibben, Deceased, Appellant, v. Dr. R. Jay MULLIS and John Does Nos. 1-10, Appellees.

Court of Appeals of Arkansas, Division I, II.

November 6, 2002.


Attorney(s) appearing for the Case

Law Offices of Charles Karr, P.A., by: Charles R. Karr and Shane Roughley, Fort Smith, for appellant.

Davis, Wright, Clark, Butt & Carithers, PLC, by: Constance G. Clark and Kelly P. Carithers, Fort Smith, for appellee Dr. R. Jay Mullis.


OLLY NEAL, Judge.

Appellant, Darwin McKibben, appeals from an order of dismissal without prejudice granted by the Washington County Circuit Court to appellee, Dr. R. Jay Mullis. Because appellant's original complaint was a nullity, we must affirm.

Appellant is the widower of Susan McKibben, who died on September 21, 1998. Appellee was one of Susan McKibben's treating physicians whose care appellant alleges led to her death. On August 28, 2000, appellant filed...

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