Schroeder v. Towmate, LLC
2017 Ark. App. 83
| Ark. Ct. App. | 2017Background
- Neighboring landowners dispute access to a roadway located on Towmate’s Tract 3 in Benton County; Schroeder owns adjacent Tracts 1 and 2 and uses them for business and residence.
- Towmate submitted development plans for Tract 3 requiring screening fences; the fencing enclosed the road and blocked Schroeder’s access.
- Schroeder sued seeking preliminary and permanent injunctions to prevent Towmate from blocking the road, and alternatively sought a prescriptive easement; he also sought attorney’s fees.
- Towmate counterclaimed for costs, attorney’s fees, and $350 to repair its fence.
- The circuit court denied injunctive relief and Schroeder’s easement claim and declined to award fees, but did not dispose of Towmate’s $350 counterclaim.
- Schroeder appealed; the Court of Appeals dismissed the appeal without prejudice because the order was not final under Ark. R. Civ. P. 54(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s order is a final, appealable judgment | Schroeder treated the denial of injunction and easement as final and appealed | Towmate implicitly accepted order but counterclaim remained unresolved | Not final: appeal dismissed for lack of final order under Ark. R. App. P. Civ. 2 and Ark. R. Civ. P. 54(b) |
| Whether the road is a county road (entitling public access) | Road is a county road, so Towmate cannot block it | Road is not a county road | Trial court held road is not a county road (order addressed but not finally appealable) |
| Whether Schroeder or public acquired a prescriptive easement | Schroeder and public acquired prescriptive rights by use | Towmate denied prescriptive easement | Trial court held no prescriptive easement for Schroeder or public (order addressed but not finally appealable) |
| Attorney’s fees and costs | Schroeder sought fees | Towmate sought costs, fees, and fence repair amount | Trial court denied Schroeder fees and did not resolve Towmate’s $350 repair counterclaim; unresolved counterclaim prevents finality |
Key Cases Cited
- Miracle Kids Success Acad., Inc. v. Maurras, 503 S.W.3d 94 (Ark. Ct. App. 2016) (an appellate court will raise sua sponte whether an order is final; Rule 54(b) governs finality when multiple claims or parties remain)
Dismissed without prejudice.