VICTORIA JANE FLEMING v. KENNETH VEST, M.D.
No. CV-13-1071
ARKANSAS COURT OF APPEALS DIVISION I
October 29, 2014
2014 Ark. App. 600
HONORABLE LYNN WILLIAMS, JUDGE
APPEAL FROM THE GARLAND COUNTY CIRCUIT COURT [NO. CV2011-164III]
WAYMOND M. BROWN, Judge
Appellant appeals from the circuit court’s grant of appellee’s motion for summary judgment, thereby dismissing her wrongful-death claim against appellee. For the reasons discussed below, we dismiss appellant’s appeal.
This case was previously before this court and was remanded for supplementation of the record and rebriefing.1 All rebriefing issues were corrected. However, all the deficiencies in the record were not addressed.
In our previous order, we specifically requested all documents dealing with and resolving Robert and Linda Lands’s cross-claims against Ouachita Regional Counseling and Mental Health Center, Inc. d/b/a Community Counseling Services and appellee. Appellant has failed to supply any documentation disposing of either.
[T]he Court notes that the record as currently comprised does not include an Order disposing of Robert Fred Lands and Linda Lands’ Cross-Claim for contribution and indemnity against Ouachita Regional Counseling and Mental Health Center, Inc. d/b/a Community Counseling Services and Philadelphia Indemnity Insurance Company, the parties having treated such Cross-Claim as moot by virtue of the parties’ dismissal with prejudice of Plaintiff’s claims against the Lands.
It is clear from the circuit court’s language that there is no order disposing of the claims in question.
Dismissed.
WHITEAKER and HIXSON, JJ., agree.
Friday, Eldredge & Clark, LLP, by: T. Michelle Ator, for appellee.
