502 S.W.3d 534
Ark. Ct. App.2016Background
- In Jan 2013 Brown’s Moving and Storage (Blue Truck) purchased assets and goodwill from Bobby Blackwell and Blackwell Moving & Delivery and hired Blackwell for three years; the sales agreement included a 60-month noncompete covering moving business activity in Arkansas.
- Blackwell ceased working for Blue Truck in Oct 2013 and is alleged to have contacted former clients and serviced appellee’s customers thereafter.
- Brown’s sued on Jan 10, 2014 seeking injunctive and other relief for breach of the noncompete, breach of employment contract, and breach of contract; Blackwell counterclaimed and sought a declaration that the noncompete was invalid.
- The trial court entered a temporary restraining order (Mar 13, 2014) barring appellants from the moving business in Arkansas for five years; later held Blackwell in contempt (sanctions reserved) and converted the TRO into a permanent injunction (order entered June 19, 2015).
- Blackwell filed notices of appeal from the June 19 order (citing Ark. R. App. P.–Civ. 2(a)(1)); the record was not filed with the Supreme Court clerk within 30 days as required for interlocutory appeals.
- The Court of Appeals dismissed the appeal for lack of jurisdiction, finding the order was neither properly appealed as an interlocutory injunction nor a final appealable order or final contempt disposition.
Issues
| Issue | Plaintiff's Argument (Blackwell) | Defendant's Argument (Brown’s/Blue Truck) | Held |
|---|---|---|---|
| Whether the June 19 order is appealable as an interlocutory injunction under Ark. R. App. P. 2(a)(6) | Appellants initially asserted appeal under 2(a)(6) | Appellee maintained appeal procedures/timing not met for interlocutory appeal | Dismissed — record not filed within 30 days as required for interlocutory appeals under Ark. R. App. P. 5(a) |
| Whether the June 19 order is a final judgment under Ark. R. App. P. 2(a)(1) or brings up intermediate orders under 2(b)(1) | Appellants later asserted appeal under 2(a)(1) and 2(b)(1) | Appellee argued order was not final because other claims remained | Held not final — order did not resolve all claims or parties; appeal not proper under 2(a)(1)/2(b)(1) |
| Whether the contempt finding was a final appealable contempt order under Ark. R. App. P. 2(a)(13) | Appellants argued appealable as contempt under 2(a)(13) | Appellee argued sanctions were reserved so contempt not finally disposed | Held not appealable — contempt sanctions were reserved, so not a final contempt disposition |
| Whether appellants’ attempted correction of jurisdictional statement cured jurisdictional defects | Appellants moved to correct to assert alternative appellate bases (2(a)(1), 2(a)(13), 2(b)(1)) | Appellee disputed timeliness and finality; urged dismissal | Denied as moot — court dismissed appeal for lack of jurisdiction regardless of corrected statement |
Key Cases Cited
- Farrell v. Farrell, 359 Ark. 1, 193 S.W.3d 734 (2004) (an order is not final for appellate purposes when it adjudicates fewer than all claims or the rights and liabilities of fewer than all parties).