Albarran v. Liberty Health Care Mgmt.
2013 Ark. App. 598
Ark. Ct. App.2013Background
- Albarran appeals from a circuit court order granting Liberty’s motion to dismiss and awarding attorney’s fees; the appeal is dismissed for lack of a timely notice of appeal from a final order.
- Albarran’s health insurance matured through Healthcare Recoveries (d/b/a Tyson Preferred Network Healthcare Recoveries); Dr. Looper billed Albarran’s insurer and Recoveries paid a portion.
- Albarran settled his motor-vehicle-accident claim for $30,000; insurer paid $26,290 to Albarran and $3,710 to the Accident and Injury Treatment Center under Liberty’s lien.
- Albarran filed a petition for declaratory judgment against Healthcare Recoveries and Liberty seeking to invalidate Liberty’s lien; Looper Chiropractic was added and answered with counterclaims.
- Circuit court granted Liberty’s motion to dismiss on Oct. 11, 2012 and awarded Liberty’s attorney’s fees; Albarran filed a notice of appeal on Oct. 28, 2012; a Rule 54(b) certificate was entered on Nov. 26, 2012 attaching the order, but Albarran did not file a new notice of appeal from that final order.
- The court concluded that Albarran’s appeal was from a nonfinal order and lacked a timely notice of appeal from a final order, so the appeal was dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal from final order | Albarran argues the October 11, 2012 order is final or properly appealable | Liberty argues the order was nonfinal and not appealable without a timely final-order notice | Appeal dismissed for lack of timely notice from a final order |
| Effect of Rule 54(b) certificate on finality | Rule 54(b) certificate should render the order final for appeal purposes | Certificate did not cure lack of timely notice from a final order | Finality did not vest for appellate jurisdiction due to untimely notice |
| Jurisdiction over attorney’s fees as collateral issue | No jurisdiction without timely appeal from final order | ||
| Applicable precedent for nonfinal orders | Servewell and related cases require dismissal when no timely final-order notice is filed | ||
| Timing relevance of Oct. 28, 2012 notice | Notice designated a nonfinal order; not timely from a final order |
Key Cases Cited
- Servewell Plumbing Co. v. Summit Contractors, Inc., 360 Ark. 521 (2005) (appeal from nonfinal order requires timely final-order notice or is a nullity)
- NCS Healthcare of Ark., Inc. v. W.P. Malone, Inc., 362 Ark. 169 (2005) (jurisdictional limits on appeals from nonfinal orders)
- Taylor v. Woods, 102 Ark. App. 92 (2008) (guide on finality and notices of appeal)
- Cruse v. 451 Press, LLC, 2010 Ark. App. 115 (2010) (defective Rule 54(b) certificate can render order nonfinal)
- Rossi v. Rossi, 319 Ark. 373 (1995) (timeliness requirement for notices of appeal)
- Global Econ. Res., Inc. v. Swaminathan, 2011 Ark. App. 349 (2011) (finality and jurisdiction in appellate review)
- Dodge v. Lee, 350 Ark. 480 (2002) (jurisdiction requires final order before appeal; collateral issues require finality)
- Cruse v. 451 Press, 2010 Ark. App. 115 (2010) (see above)