Pepper v. Garrett (Majority)Annotate this Case
Following her resignation as a dental assistant in the dental office of Appellee, Appellant sued Appellee for sexual harassment and outrage. On remand, the circuit court granted Appellee's motion for partial summary judgment, concluding that Appellant's state-law claim for sexual harassment failed because the material facts established that Appellee did not have enough employees for a cause of action to exist against him pursuant to the Arkansas Civil Rights Act (ACRA). On interlocutory appeal, Appellant claimed the numerosity requirement of the ACRA violated the state and federal Constitutions. The Supreme Court dismissed without prejudice Appellant's appeal, holding that the circuit court's order was not final and appealable because it did not satisfy the requirements of Ark. R. Civ. P. 54(b).