Weatherford v. Ark. Reclamation Co., LLC
2017 Ark. App. 192
| Ark. Ct. App. | 2017Background
- The Weatherfords sued in March 2009 to quiet title to 1.37 acres, claiming adverse possession or boundary by acquiescence against Arkansas Reclamation Co., LLC (ARC) and the Sanson Trusts.
- The Sanson Trusts filed a compulsory counterclaim alleging abuse of process; ARC and the Sanson Trusts otherwise denied the Weatherfords’ claims.
- After a merits hearing and posttrial briefs, the trial court denied the Weatherfords’ petition to quiet title.
- The Weatherfords first appealed, but this court dismissed that appeal because the trial court had not addressed the Sanson Trusts’ counterclaim.
- After the dismissal, the trial court entered an order dismissing the Sanson Trusts’ counterclaim without prejudice by agreement of the parties; the Weatherfords then filed the present appeal.
- The Court of Appeals held that because the counterclaim was dismissed without prejudice and could be refiled, the trial-court order was not final and appealable and the appellate court therefore lacked jurisdiction to hear the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial-court order is final and appealable | Weatherford: the denial of the quiet-title petition is appealable after the counterclaim was dismissed by order | Appellees: dismissal without prejudice leaves an outstanding claim that can be refiled, so no final judgment | The order is not final; appeal dismissed for lack of jurisdiction |
| Whether voluntary dismissal without prejudice of a compulsory counterclaim renders the judgment final | Weatherford: dismissal by agreement made the case final for appeal | Appellees: a compulsory counterclaim dismissed without prejudice may be refiled, so Rule 54(b) certification is required for appealability | Dismissal without prejudice of a compulsory counterclaim does not create finality; no 54(b) certification existed, so appeal cannot proceed |
Key Cases Cited
- Jacobs v. Collison, 505 S.W.3d 254 (Ark. App. 2016) (appealability is a jurisdictional issue the court may raise sua sponte)
- Belk v. Belk, 476 S.W.3d 861 (Ark. App. 2015) (voluntary dismissal without prejudice of a compulsory counterclaim does not produce a final, appealable order)