Harrill & Sutter, PLLC v. Farrar
Annotate this CaseAppellant Harrill & Sutter, PLLC, filed a complaint in Saline County Circuit Court alleging a violation of the Arkansas Freedom of Information Act (FOIA). Appellant had filed a medical-malpractice action against three doctors that worked for the University of Arkansas’ Medical Center. Mariam Hopkins was a partner of Anderson, Murphy and Hopkins, LLP, and was hired to represent the doctors. Appellant subsequently filed a FOIA request seeking Ms. Hopkins’ file. Appellant argued that because Ms. Hopkins represented public employees, her file was also public record. Ms. Hopkins disputed that her file was subject to FOIA, and refused to allow Appellant the right to inspect it. Appellant filed suit with the circuit court and named the doctors, Ms. Hopkins, and her firm as defendants. At trial, Appellant moved to “nonsuit” all of its claims. The court granted the motion, but no written order to that effect was ever entered on the record. The final opinion of the court reflected the fact that Appellant withdrew its FOIA request. It did not mention whether the nonsuit was granted, nor did it explicitly dismiss Appellant’s claims. Under state law, an order that fails to adjudicate all of the claims as to all parties is not a final order. The Supreme Court can only review final orders from the lower courts. With no final order before it, the Supreme Court dismissed this appeal.
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