Robinson v. Lindsey
2014 Ark. App. 287
| Ark. Ct. App. | 2014Background
- Arkansas Court of Appeals, Division III, No. CV-13-1145; Marianne Robinson appeals from a Cleburne County Circuit Court divorce decree dividing property.
- Robinson challenges the property division as not equitable and seeks reversal.
- The issue is whether the divorce decree is a final, appealable order; Rule 2(a)(1) requires a final judgment or decree for an appeal.
- The decree includes undecided matters (e.g., auctioneer selection, sale of Lake House/Antioch House, balancing of accounts) that render it not final.
- No Rule 54(b) certificate was filed, so the appeal is dismissed for lack of finality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the divorce decree a final, appealable order? | Robinson argues the decree is final and appealable. | Lindsey contends the decree is not final due to unresolved matters. | Not final; appeal dismissed for lack of final order. |
Key Cases Cited
- Nix v. Nix, 2014 Ark. App. 162 (Ark. App. 2014) (finality requirement; when undecided matters prevent final judgment)
- Wadley v. Wadley, 2010 Ark. App. 733 (Ark. App. 2010) (appeal rule depends on finality and completeness of judgment)