Cite as 348 Ark. 557 (2002)
out merit; no allegations of fact were made in the pleadings that the nonprofit was or claimed to be a charitable organization; because there was no allegation in the pleadings that the nonprofit was a charitable organization, the trial court did not err when it determined that Ark. Code Ann. § 23-79-210 was inapplicable.
- IMMUNITY – CHARITABLE IMMUNITY FROM TORT LIABILITY – DISTINCTION EXISTS BETWEEN RIGHT TO SUE & POWER TO EXECUTE JUDGMENT. – The property of a charity cannot be sold under execution issued on a judgment rendered for the nonfeasance, misfeasance, or malfeasance of its agents or trustees; this charitable-immunity doctrine has become a rule of property; in addition, there is a distinction between the right to sue and the power to execute in satisfaction of the judgment; a charitable organization may have suit brought against it and may have a judgment entered against it, but such judgment may not be executed against the property of the charity.
- IMMUNITY – ARGUMENT THAT NONPROFIT WAS NOT SUBJECT TO SUIT FOR TORT BECAUSE IT WAS CHARITABLE ORGANIZATION MERITLESS – CHARITABLE ORGANIZATIONS ARE NOT ALTOGETHER IMMUNE FROM SUIT. – Even if facts had been pled to allege that the nonprofit was a charitable organization, the trial court's finding that Ark. Code Ann. § 23-79-210 does not apply would have still been affirmed because it has never been held that charitable organizations are completely immune from suit, but rather, only that they are immune from execution against their property.
Appeal from Johnson Circuit Court; Dennis Charles Sutteeld, Judge; affirmed.
Rush, Rush & Cook, by: David L. Rush, for appellant.
Ledbetter, Cogbill, Arnold & Harrison, LLP, by: E. Diane Graham and Rebecca D. Hattabaugh, for appellee.
RAY THORNTON, Justice. Appellant, Kathleen A.
Clayborn, as mother and next friend of Meranda F. Clayborn, a minor, appeals the September 14, 2001, order of the Johnson County Circuit Court, granting appellee Bankers Standard Insurance Company's ("Bankers") motion to dismiss and certifying the case for appeal pursuant to Ark. R. Civ. P. 54(b). Appellant's sole point on appeal is that the trial court erred in granting Bankers's motion to dismiss on the grounds that the
