Litigation Partners of America, Inc et al. v. Southland Metals, Inc.

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

LITIGATION PARTNERS OF AMERICA AND MARY EDELMANN

APPELLANTS

V.

SOUTHLAND METALS, INC.

APPELLEE

December 17, 2003

CA 03-774

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT

[NO. CV 01-12176]

HONORABLE JAMES MAXWELL MOODY, JUDGE

DISMISSED

Per Curiam

Various motions have been filed in this appeal. In one of them, appellee has moved to dismiss the appeal on the ground that appellants' notice of appeal was not filed within thirty days of the order from which the appeal has been taken as required under Ark. R. App. P -Civil 4. We grant the motion to dismiss, but for a different reason.

This action was instituted by appellee. Appellants answered the complaint and later filed a counterclaim and amended counterclaim. Our review of the record reflects that there has been no order entered disposing of appellants' counterclaim. Consequently, the order from which this appeal has been taken cannot be considered a final order.

The appellate court does not decide the merits of an appeal when the order appealed from is not a final order. String v. Kazi, 312 Ark. 6, 846 S.W.2d 649 (1993). Under Rule 54(b) of the Arkansas Rules of Civil Procedure, an order is not final for purposes of appeal when it adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties. City

of Corning v. Cochran, 350 Ark. 12, 84 S.W.3d 439 (2002). When a trial court has not ruled on a counterclaim, there is no final order. See id.

The existence of a final order is a jurisdictional requirement for bringing an appeal, which this court is obliged to raise even though the parties do not. Pledger v. Bosnick, 306 Ark. 45, 811 S.W.2d 286 (1991). Because the record does not show that a final order has been entered, we dismiss the appeal. Thus, the remaining motions are rendered moot.