Nooner v. Kelley
2017 Ark. 310
| Ark. | 2017Background
- Terrick Nooner, proceeding pro se, filed a § 1983 civil-rights complaint in Lincoln County Circuit Court in November 2016 and later filed multiple motions (preliminary injunction, TRO, judgment on the pleadings, discovery requests).
- The circuit court denied Nooner’s motions on May 12, 2017 because Nooner failed to provide proof of service of the complaint and related pleadings under Ark. R. Civ. P. 4(a) & (i).
- The record before the Supreme Court did not contain proof that the named defendants had been properly served or that Nooner had properly amended or joined additional defendants pursuant to Rule 15(c)(2).
- Nooner appealed the circuit-court order and filed multiple pro se motions in this Court (for an extension of time, sanctions against the circuit clerk, an interlocutory injunction) and several petitions for writs of certiorari to supplement the record.
- The Arkansas Supreme Court determined the circuit-court order denying Nooner’s motions was not a final, appealable order because it did not terminate the action or adjudicate the merits.
- Because the order was not final, the Court dismissed the appeal and ruled Nooner’s pending motions and certiorari petitions moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit-court order denying various motions for lack of proof of service is a final, appealable order | Nooner sought appellate review of the order denying his motions and sought supplementation of the record | Appellees (and the Court sua sponte) relied on lack of finality because the court did not dismiss the action on the merits nor terminate the litigation | The order was not final or appealable; appeal dismissed for lack of appellate jurisdiction |
| Whether the Supreme Court should consider Nooner’s motions in this Court (extension, sanctions, interlocutory injunction) while appeal pending | Nooner asked for seven-month extension, sanctions against the circuit clerk, and an injunction | Appellees did not press merits; Court treated motions as moot given dismissal for lack of jurisdiction | Motions were rendered moot by dismissal of the appeal |
| Whether the record should be supplemented with additional pleadings and motions via writs of certiorari | Nooner petitioned to supplement the record and obtain explanations about certain circuit-court filings | Circuit clerk tendered a supplemental record, but Court considered appellate jurisdiction first | Certiorari petitions moot after dismissal for lack of jurisdiction |
| Whether failure to prove service deprives the circuit court of jurisdiction or simply warrants denial of motions | Nooner argued on merits of his motions; implied claim that service issues should not block review | Circuit court denied motions for failure to perfect service; Court noted proper service is prerequisite to circuit-court jurisdiction | Failure to perfect service justified denial of motions but did not produce a final adjudication; dismissal without prejudice would not be final |
Key Cases Cited
- Beverly Enters.-Ark., Inc. v. Hillier, 341 Ark. 1 (2000) (final-order requirement for appellate jurisdiction)
- Petrus v. Nature Conservancy, 330 Ark. 722 (1997) (definition of a final, appealable order)
- Allred v. Nat'l Old Line Ins. Co., 245 Ark. 893 (1968) (finality requires termination of litigation and parties’ rights)
- Moses v. Hanna's Candle Co., 353 Ark. 101 (2003) (appellate court may raise jurisdictional finality sua sponte)
- Jordan v. Circuit Court of Lee Cnty., 366 Ark. 326 (2006) (dismissal under Rule 4(i) is without prejudice and not an adjudication on the merits)
- Benedict v. Arbor Acres Farm, Inc., 265 Ark. 574 (1978) (dismissal without prejudice under service rules is not final)