FILYAW v. BOUTON

No. CA 03-1380.

191 S.W.3d 540 (2004)

87 Ark. App. 320

James R. FILYAW v. Dr. Michael BOUTON, et al.

Court of Appeals of Arkansas, Division IV.

September 15, 2004.


Attorney(s) appearing for the Case

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

Warner, Smith & Harris, PLC, by: G. Alan Wooten, Matthew C. Carter, and J. Steven Bell, Fort Smith, for appellees.

Cox Law Firm, by: Walter B. Cox and James R. Estes, Fayetteville, for appellees Dr. Catherine Womack, Dr. Steven A. Edmondson, and Sparks Medical Foundation.

Davis, Wright, Clark, Butt & Carithers, PLC, by: Constance G. Clark and Sidney P. Davis, Fayetteville for appellee Sparks Regional Medical Center.


ROBERT J. GLADWIN, Judge.

The trial court dismissed this wrongful-death action for lack of subject-matter jurisdiction because the suit was brought by appellant James Filyaw, the special administrator of the estate of Katherine Brown, deceased, prior to the date that the order appointing appellant was filed with the court clerk. On appeal, appellant contends that the trial court improperly granted the motion to dismiss because the order of appointment was effective...

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