From that order, comes the instant appeal. Ordinarily, an appeal may not be taken from an order denying a motion to dismiss. This court has held, however, that an appeal may be taken from an order denying a motion to dismiss, under Ark. R. App. The rationale justifying an interlocutory appeal is that the right to immunity from suit is effectively lost if the case is permitted to go to trial. On appeal, Appellants argue that Appellee's suit against them is barred by the doctrine of sovereign immunity.
Sovereign immunity is jurisdictional immunity from suit.
This court has consistently interpreted this constitutional provision as a general prohibition against awards of money damages in lawsuits against the state and its institutions. See, e.g., Cross v. The doctrine of sovereign immunity is rigid and may only be waived in limited circumstances. Appellee contends that this matter falls within the latter exception because the legislature's passage of the ADPA constituted a waiver of the State's sovereign immunity. The ADPA prohibits public employers from discriminating on the basis of age.