POSEY v. ST. BERNARD'S HEALTHCARE, INC.

No. 05-383.

226 S.W.3d 757 (2006)

Vickie POSEY and Stan Posey, Individually and as Parents and Personal Representatives of Carrie L. Posey, a Minor, Appellants; v. ST. BERNARD'S HEALTHCARE, INC.; Michael E. Bolt, M.D.; and Jonesboro Surgery Clinic, PLLC, Appellees.

Supreme Court of Arkansas.

February 2, 2006.


Attorney(s) appearing for the Case

Wood, Carlton & Ishee, by: Dixie White Ishee; The Cochran Firm, by: Steven Libby, Memphis, for appellants.

Womack, Landis, Phelps, McNeill & McDaniel, by: Lucinda McDaniel and Dustin H. Jones, Jonesboro, for appellees Michael E. Bolt, M.D. and Jonesboro Surgery Clinic, PLLC.

Barrett & Deacon, A Professional Association, by: Andrew H. Dallas, Denzil Price Marshall, Jr., and Paul D. Waddell, Jonesboro, for appellee Bernard's Healthcare, Inc.


DONALD L. CORBIN, Justice.

The instant appeal presents the issue of whether the filing of an amended complaint sufficiently creates a new cause of action where the original complaint was a nullity. On appeal, Appellants Vicky and Stan Posey argue that it was error for the trial court to grant summary judgment and dismiss their cause of action because: (1) their suit was commenced prior to the expiration of the statute of...

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