513 S.W.3d 877
Ark. Ct. App.2017Background
- Lois Price sued to quiet title to a strip of land along the property line between her lot and Patrick and Danna Carver’s lot in Malvern, Arkansas.
- The Carvers answered and filed a counterclaim alleging the suit was baseless and seeking attorney’s fees, damages, and sanctions.
- The circuit court converted a motion to dismiss into a summary-judgment motion, denied summary judgment finding material facts for trial, and the case proceeded to a bench trial.
- At trial the court orally and then in a written judgment denied Price’s petition to quiet title, adopted the surveys of Clinton (Aug. 22, 2014) and West (Aug. 23, 2015), denied Price’s damages claim, and denied both parties’ requests for attorneys’ fees.
- The Carvers’ counterclaim remained unresolved and the court’s written judgment did not include a Rule 54(b) certification to make the partial adjudication final.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Price proved title by adverse possession | Price argued she had acquired the disputed strip by adverse possession | Carvers defended the recorded boundary shown by surveys and disputed adverse-possession facts | Trial court found Price failed to meet burden; petition denied |
| Whether trial court’s evidentiary/procedural handling (e.g., interpreter) denied due process | Price claimed denial of due process because no interpreter was provided for a witness | Carvers opposed, asserting procedures were proper | Court did not reach final appeal on merits due to jurisdictional defect; unresolved below |
| Whether the written judgment was final and appealable | Price treated the judgment as final and appealed | Carvers’ unresolved counterclaim meant the action was not concluded; no Rule 54(b) certificate | Court of Appeals dismissed for lack of jurisdiction because no final order and no 54(b) certification |
| Whether Rule 4-2 briefing requirements were followed on appeal | Price’s brief asserted trial errors and relied on record citations | Appellate court found Price’s brief contained many incorrect/missing citations and misstatements | Appellate court criticized briefing deficiencies and advised compliance on any renewed appeal |
Key Cases Cited
- None listed with official reporter citations in the opinion (opinion cites Arkansas slip opinions and rules such as LaRue v. Ground Zero Constr., Aceva Techs. v. Tyson Foods, and Bulsara v. Watkins, and Ark. R. Civ. P. 54(b)).
Dismissed without prejudice.