Summary
The Supreme Court of Arkansas held that an order granting permissive intervention while denying intervention as a matter of right was not immediately appealable. Because the landowners were permitted to participate in the litigation and could seek review after final judgment, the court dismissed the appeal without prejudice for lack of a final, appealable order.
Holdings
- An order granting permissive intervention under Rule 24(b) but denying intervention as a matter of right under Rule 24(a)(2) is not immediately appealable when the intervenor remains a party and can obtain effective review of the intervention issues after final judgment.
Questions Presented
- Whether an order granting permissive intervention under Arkansas Rule of Civil Procedure 24(b), while denying intervention as a matter of right under Rule 24(a)(2), is immediately appealable under Arkansas Rule of Appellate Procedure–Civil 2(a).
Disposition
dismissed
Cases Cited (6)
- Matson, Inc. v. Lamb & Assocs. Packaging, Inc., 328 Ark. 705, 947 S.W.2d 324 (1997)(followed)
- Cupples Farms P'ships v. Forrest City Prod. Credit Ass'n, 310 Ark. 597, 839 S.W.2d 187 (1992)(distinguished)
- Billabong Products, Inc. v. Orange City Bank, 278 Ark. 206, 644 S.W.2d 594 (1983)(followed)
- Corning Bank v. Delta Rice Mills, Inc., 281 Ark. 342, 663 S.W.2d 737 (1984)(followed)
- Stringfellow v. Concerned Neighbors in Action, 480 U.S. 370, 107 S. Ct. 1177, 94 L. Ed. 2d 389 (1987)(followed)
- Hanners v. Giant Oil Co. of Ark., Inc., 369 Ark. 226, 253 S.W.3d 424 (2007)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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