Sims v. Fletcher, 368 Ark. 178

243 S.W.3d 863 (2006) · Supreme Court of Arkansas · November 30, 2006 · No. No. 06-463

Summary

The Supreme Court of Arkansas dismissed an appeal arising from the judicial dissolution of a law firm and the adjudication of creditor claims. The court held that the appeal was not from a final, appealable order because the appellee's counterclaim remained unresolved and there was no Rule 54(b) certification. The dismissal was without prejudice, and the court did not reach the appellants' due-process, jurisdictional, or findings-of-fact arguments.

Holdings

  1. The appeal must be dismissed without prejudice because no final, appealable order had been entered.

Questions Presented

  1. Whether the Supreme Court of Arkansas had appellate jurisdiction when the trial court had not resolved Scott Fletcher's counterclaim and had not entered a Rule 54(b) certification.
  2. Whether an order adjudicating some creditor claims but leaving other claims unresolved constituted a final, appealable order.

Disposition

dismissed

Cases Cited (4)

  • Seay v. C.A.R. Transp. Brokerage Co., 366 Ark. 527, 237 S.W.3d 48 (2006)(followed)
  • Coleman v. Regions Bank, 364 Ark. 85, 216 S.W.3d 579 (2005)(followed)
  • Hambay v. Williams, 335 Ark. 352, 980 S.W.2d 263 (1998)(followed)
  • NCS Healthcare of Ark., Inc. v. W.P. Malone, Inc., 362 Ark. 169, 207 S.W.3d 552 (2005) (per curiam)(followed)

Cited In (0)

No citing cases on record yet.

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