Jacobs v. Collison
2016 Ark. App. 547
| Ark. Ct. App. | 2016Background
- Ruth Jacobs appealed the circuit court’s dismissal of her complaint against Derek Collison after an earlier appeal was dismissed for lack of a final order.
- On remand Collison filed a notice voluntarily dismissing his counterclaim without prejudice; an order dismissing the counterclaim was entered November 20, 2015.
- The court later executed a standalone Rule 54(b) certificate (Dec. 8, 2015) and then entered an amended dismissal order (Dec. 28, 2015) that appended an identical Rule 54(b) certificate to the dismissal order.
- The Rule 54(b) certificate did not include specific factual findings explaining why immediate appeal was necessary; the amended order simply asserted that injustice would result if appeal were delayed.
- The counterclaim sought Jacobs’ eviction and was characterized as a compulsory counterclaim that could be refiled; it was dismissed without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the amended order is a final, appealable order | Jacobs treats the amended order as final and appeals | Collison relies on dismissal and the Rule 54(b) certificate to support appealability | Not final: the amended order did not itself dismiss or adjudicate all parties or claims |
| Whether dismissal without prejudice of a compulsory counterclaim is final | Jacobs proceeds as if counterclaim dismissal produced finality | Collison contends dismissal without prejudice ends that claim now | Not final: dismissal without prejudice of a compulsory counterclaim does not preclude refiling and thus does not achieve finality (Bevans) |
| Whether the Rule 54(b) certificate satisfied Rule 54(b) | Jacobs relies on the certificate to support immediate appeal | Collison points to the certificate as authorizing appeal | Insufficient: certificate lacked specific factual findings of hardship or injustice required to permit interlocutory entry of final judgment; appeal dismissed |
Key Cases Cited
- McGann v. Pine Bluff Police Dep’t, 334 Ark. 352 (1998) (definition of a final order as dismissing parties or concluding rights to the subject matter)
- Bevans v. Deutsche Bank Nat’l Tr. Co., 373 Ark. 105 (2008) (nonsuit/dismissal without prejudice of compulsory counterclaims does not create finality)
- Stratton v. Ark. State Highway Comm’n, 323 Ark. 740 (1996) (Rule 54(b) certificates must show specific findings to permit immediate appeal)
- Davis v. Wausau Ins. Cos., 315 Ark. 330 (1993) (Rule 54(b) requires express determination supported by factual findings)
- Robinson v. Villines, 2012 Ark. 211 (2012) (trial courts should rarely exercise Rule 54(b) discretion; certificates must identify hardship or injustice)
- Gray v. White River Health Sys., Inc., 2016 Ark. 73 (2016) (affirming need for specific findings in Rule 54(b) certificates)
Appeal dismissed.