Collins v. Chase, 2016 Ark. App. 359

This is the third appeal arising from custody disputes over H.C. (b. 2008) and K.C. (b. 2009) between grandparents David and Cheryl Collins (appellants) and father Joshua Chase (appellee).
Appellants filed an emergency motion in Aug. 2013 alleging sexual abuse by Chase; the circuit court entered ex parte and temporary restraining orders halting Chase’s visitation pending hearing.
In Sept. 2013 this Court (Chase II) reversed a prior juvenile-court custody award to the grandparents and ordered immediate transfer of custody to Chase; the circuit court issued a status order effecting that transfer the same day the mandate was filed.
Appellants immediately filed a petition for change of custody (seeking temporary and permanent custody) and later sought to admit evidence dating back to July 1, 2013 to prove a substantial change of circumstances based on the alleged abuse.
The circuit court repeatedly ruled that the last operative custodial order was this Court’s Sept. 26, 2013 mandate and precluded appellants from offering evidence prior to that date; the record contains no final order resolving appellants’ petition for change of custody.
The circuit court included a purported final-judgment certificate (treated as a Rule 54(b) certificate), but it lacked the specific factual findings required to show "no just reason for delay." The Court of Appeals dismissed for lack of a final, appealable order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether orders denying grandparent visitation and excluding pre‑Sept. 26, 2013 evidence are final and appealable	Collins: the orders are final and appealable (implicitly via certificate)	Chase: the underlying custody petition remains pending so orders are not final	Not final; appeal dismissed for lack of a final judgment because the custody petition remains outstanding
Whether Rule 54(b) certificate made the orders final	Collins: the certificate (on the order) renders the challenged rulings final	Chase: certificate is insufficient if it fails Rule 54(b) requirements	Certificate insufficient: it lacked specific factual findings showing hardship or injustice to justify immediate appeal
Whether evidence predating Court of Appeals mandate could be excluded	Collins: should be allowed to present evidence from July 1, 2013 forward to show change of circumstances	Chase/court below: last operable custody order was the appellate mandate; evidence before that date not relevant to current custody order	Circuit court excluded pre‑mandate evidence, but exclusion is part of nonfinal proceedings and not resolved on appeal here
Whether appellate court may raise finality sua sponte	Collins: not raised by parties	Chase: finality is jurisdictional and may be considered by court	Court may and did raise finality sua sponte and dismissed appeal for lack of jurisdiction

Chase v. Ark. Dep’t of Human Servs., 2012 Ark. App. 311, 416 S.W.3d 252 (Chase I) (prior appellate decision concerning custody in the underlying dispute)
Chase v. Ark. Dep’t of Human Servs., 2013 Ark. App. 474, 429 S.W.3d 321 (Chase II) (appellate mandate reversing juvenile-court custody and ordering immediate transfer to father)
Edwards v. Ark. Dep’t of Human Servs., 2015 Ark. 402, 474 S.W.3d 58 (addresses Rule 54(b) requirements and finality jurisdiction)
Branch v. Branch, 2015 Ark. App. 712, 479 S.W.3d 566 (discusses necessity of Rule 54(b) certificate for partial final judgments)
Holbrook v. Healthport, Inc., 2013 Ark. 87 (Rule 54(b) requires specific findings of hardship or injustice)
Fisher v. Citizens Bank of Lavaca, 307 Ark. 258, 819 S.W.2d 8 (explains that merely tracking Rule 54(b) language is insufficient and factual support is required)