Smith v. Rebsamen Medical Center, Inc.
424 S.W.3d 876
Ark.2012Background
- This is an appeal from a circuit-court summary-judgment ruling for appellees in a wrongful-death action.
- Appellants sought co-special-administrator status for Mark Anthony Smith on May 24, 2010; probate court appointed them May 26, 2010, with filing not completed until May 28, 2010.
- Appellees argued lack of standing and statute of limitations because filing occurred before appointment was filed.
- Appellants sought nunc pro tunc relief in probate court to reflect May 26, 2010 filing; the nunc pro tunc order was entered August 12, 2010.
- The civil division later held the complaint a nullity for lack of standing and that the statute of limitations barred the action, and the trial court denied relief by cannot relating back.
- The court reverses and remands, holding the civil division could not disregard the probate nunc pro tunc order and that standing existed to pursue the wrongful-death claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing and timing of filing | Smiths had nunc pro tunc filing reflecting May 26, 2010. | Appellees contend no standing at filing; limitations had run. | Summary judgment reversed; standing existed despite initial filing date. |
| Effect of nunc pro tunc order | Nunc pro tunc order valid and retroactive to confer standing. | Civil division may not disregard probate-order nunc pro tunc. | Civil division erred in disregarding the nunc pro tunc order; remand for merits consistent with holding. |
| Relation back and third-party rights | Nunc pro tunc order should relate back to permit suit. | Relating back would prejudice appellees' rights under statute of limitations. | Not necessary to resolve beyond reversal; procedural defect cured by remand. |
| Jurisdiction and authority of courts with concurrent probate status | Civil division acted within authority via nunc pro tunc; probate division’s order controls. | Civil division exceeded authority by ignoring probate order. | Civil division lacked authority to invalidate or disregard probate order; reversal and remand. |
Key Cases Cited
- Edwards v. Nelson, 372 Ark. 300 (2008) (conflicts among courts; threshold jurisdictional issue in appointment validity)
- Schultz v. Butterball, LLC, 2012 Ark. 163 (2012) (summary-judgment on legal question; standard narrowed to issue of law)
- Ozment v. Mann, 235 Ark. 901 (1962) (nunc pro tunc; protect innocent third parties' rights)
- Hackleton v. Malloy, 364 Ark. 469 (2006) (standing and limitations in wrongful-death actions; void or voidable pleadings)
- Brown v. Lee, 2012 Ark. 417 (2012) (nunc pro tunc defined; clerical error concept)
- Dean v. Brown, 216 Ark. 761 (1950) (purpose of nunc pro tunc orders; record reflects events)