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BURNS v. ESTATE OF COLE

No. 04-1343.

219 S.W.3d 134 (2005)

Jason V. BURNS, Appellant, v. ESTATE OF Noel COLE, Appellee.

Supreme Court of Arkansas.

December 1, 2005.

Attorney(s) appearing for the Case

Everett O. Martindale, Little Rock, for appellant.

Hartsfield, Almand & Denison, PLLC, by: William G. Almand, Little Rock, for appellee.

BETTY C. DICKEY, Justice.

Appellant Jason Virgil Burns challenges the circuit court's dismissal of his claim against appellee, the Estate of Jerry Noel Cole, in which he claims to be the natural child and heir of the deceased. He argues that the circuit court erred in (1) refusing to determine that he commenced an action or asserted a claim within 180 days from the death of the decedent, as required by Ark.Code Ann. section 28-9-209(d); (2) determining that one of...

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