May Morgan and Tommy Morgan v. Farm Bureau Mutual Insurance Company, Long Beach Mortgage Company, and Washington Mutual Bank

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

EN BANC

CA04-575

January 12, 2005

MAY MORGAN and AN APPEAL FROM FAULKNER COUNTY

TOMMY MORGAN CIRCUIT COURT

APPELLANTS [NO. CV03-576]

v.

HONORABLE MICHAEL MAGGIO,

FARM BUREAU MUTUAL INSURANCE CIRCUIT JUDGE

CO., LONG BEACH MORTGAGE CO.,

AND WASHINGTON MUTUAL BANK

APPELLEES DISMISSED

Per Curiam

Appellants May and Tommy Morgan appeal from a summary judgment granted to appellee Farm Bureau Mutual Insurance Co. We dismiss the appeal for lack of a final order.

Appellants were named insureds under a homeowners policy issued by Farm Bureau. Following a fire at their home on December 12, 2002, they made a claim under the policy, but it was denied on the ground of misrepresentation in the application. On July 1, 2003, appellants sued Farm Bureau to recover policy proceeds. In the same action, they sued Long Beach Mortgage Co. and Washington Mutual Bank for insurance proceeds, claiming that their monthly mortgage payments to those entities included an insurance premium. Long Beach and Washington Mutual filed a cross-claim against Farm Bureau.

Our review of the record reveals that no action has been taken to resolve or otherwise dispose of appellants' claims against Long Beach and Washington Mutual or the cross-claim against Farm Bureau. Further, the order appealed from does not contain a certificate allowing for an immediate appeal. See Ark. R. Civ. P. 54(b) (2004). Because the trial court has resolved fewer than all of the claims against all of the parties and the order appealed from does not contain a Rule 54(b) certificate, the order appealed from is not final, and we do not have jurisdiction to hear the appeal. See Pardon v. Southern Farm Bureau Cas. Ins. Co., 312 Ark. 198, 848 S.W.2d 412 (1993); Poston v. Fears, 309 Ark. 413, 828 S.W.2d 845 (1992); Ark. R. Civ. P. 54(b) (2004). We therefore dismiss the appeal without prejudice.1

Dismissed.

1 In a previous appeal involving appellants and Southern Farm Bureau Casualty Insurance Company, this court affirmed a summary judgment entered in favor of Farm Bureau on appellants' motor vehicle policy. Morgan v. Southern Farm Bureau Cas. Ins. Co., ___ Ark. App. ___, ___ S.W.3d ___ (Dec. 15, 2004) (substituted opinion on grant of rehearing). The appeal in that case was taken from a final order.