Horton v. Taylor
Annotate this Case
Download PDF
Cite as 2010 Ark. App. 824
ARKANSAS COURT OF APPEALS
DIVISION II
CA 10-270
No.
KEVIN and TAMMY HORTON,
husband and wife
APPELLANTS
V.
BRENT and ROBIN TAYLOR, husband
and wife, and DUFORD TAYLOR
APPELLEES
Opinion Delivered December 8, 2010
APPEAL FROM THE SEARCY
COUNTY CIRCUIT COURT
[NO. CV-2009-27]
HONORABLE RHONDA K. WOOD,
JUDGE
DISMISSED
WAYMOND M. BROWN, Judge
This is an appeal from a very contentious property dispute. The Hortons challenge an
order denying them an easement over the Taylors’ property. But this order does not address
a counterclaim filed by the Taylors, seeking quiet title to a separate piece of disputed property.
Because the record contains no final order, we must dismiss.
In April 2009, the Hortons filed a complaint to establish an easement over the Taylors’
property. About two weeks later, they amended their complaint to claim outright ownership
of another three acres of disputed property. These three acres are separate from the easement
claimed in the original complaint. The Taylors denied the allegations in the Hortons’
complaints, and in December 2009, they filed a counterclaim to quiet title to a disputed tract,
which included the three acres the Hortons claimed in their amended complaint. The circuit
Cite as 2010 Ark. App. 824
court held a trial on the easement only, and in an order entered in January 2010, it found that
the Hortons failed to prove entitlement to an easement over the Taylors’ property. The
Hortons filed a motion to vacate the judgment in Feburary 2010, but the record does not
reflect a ruling on the motion. A few days later, they filed a notice of appeal to this court.
The Taylors raise the issue of finality in their brief. Generally, parties may only bring
an appeal from a final order.1 Absent a certificate under Arkansas Rule of Civil Procedure
54(b), any order that fails to address a counterclaim is not a final, appealable order.2 The order
here explicitly states that the counterclaim between the parties is still pending, and there is no
other order in the record addressing the counterclaim. Thus, the order appealed from is not
a final, appealable order, and we dismiss without prejudice.
Dismissed.
R OBBINS and G RUBER, JJ., agree.
1
See Ark. R. App. P.—Civ. 2(a)(1).
2
S. Farm Bureau Cas. Ins. Co. v. Easter, 369 Ark. 101, 251 S.W.3d 251 (2007).
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
