Neta Sue Stamps and Norma Lou Sims v. Mary Ethel Wallis, Thomas J. Wallis, and Dianne Wallis

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

EN BANC

CA03-811

April 28, 2004

NETA SUE STAMPS and NORMA AN APPEAL FROM CARROLL COUNTY

LOU SIMS CIRCUIT COURT

APPELLANTS [NO. E-2001-307]

v.

HONORABLE ALAN DAVID EPLEY,

MARY ETHEL WALLIS, THOMAS J. CIRCUIT JUDGE

WALLIS, and DIANNE WALLIS

APPELLEES DISMISSED

Per Curiam

In this case from Carroll County, appellants sued appellees to recover on a $9,636.50 promissory note. Appellees answered and filed a motion for summary judgment, asserting that separate appellee Mary Ethel Wallis had paid another promissee on the note, Beulah Osgood, $7,000, which either satisfied the note or operated as a set-off. The trial court determined that Mary Ethel Wallis was fully released from the note and that Tommy and Dianne Wallis were entitled to a set-off of $7,000. In its order, the court recognized that an issue remained as to whether Tommy and Dianne owed an additional $2,636.50 on the note. Further, at the summary-judgment hearing, the trial judge recognized that he was granting only a partial summary judgment, that the case had not been completely disposed of, and that his order was not final as to all defendants.

When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination, supported by specific factual findings, that there is no just reason for delay and upon an express direction for the entry of judgment. Ark. R. Civ. P. 54(b)(1) (2003). In the event the court so finds, it shall execute a Rule 54(b) certificate, which shall appear immediately after the court's signature on the judgment, and which shall set forth the factual findings upon which the determination to enter the judgment as final is based. See id. Absent the executed certificate, any judgment, order, or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties, shall not terminate the action as to any of the claims or parties. Ark. R. Civ. P. 54(b)(2) (2003).

The order appealed from in this case does not dispose of all the claims of all the parties and does not contain a Rule 54(b) certificate to permit an immediate appeal. Therefore, the order is not final, and the appeal is dismissed without prejudice.

Dismissed.