Nina Delt and Clarence Delt v. Grant Bowers, David Bowers, Minta Jane Bowers, United Automobile Aerospace, and Agricultural Implement Workers of America, and UAW Local 716
Annotate this Case
Download PDF
EN BANC
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
CA05-1048
April 12, 2006
NINA DELT and CLARENCE DELT
APPELLANTS
v.
AN APPEAL FROM SEBASTIAN COUNTY
CIRCUIT COURT
[NO. CIV2003-1411-I]
GRANT BOWERS , DAVID BOW ERS,
MINTA JANE BOW ERS, UNITED AUTOMOBILE
AEROSPACE, and AGRICULTURAL IMPLEMENT
W ORKERS of AMERICA, and UAW LOCAL 716
APPELLEES
HONORABLE NORMAN WILKINSON,
CIRCUIT JUDGE
APPEAL DISMISSED
PER CURIAM
This is a negligence action filed by appellants Nina and Clarence Delt. According to
their complaint, on March 25, 2002, Mrs. Delt was participating in a picket line organized
by appellees United Automobile, Aerospace, and Agricultural Implement Workers of
America (UAW), and the UAW Local 716. As she walked from the picket area to her car
across the street, she was struck by a vehicle owned by appellees David and Minta Jane
Bowers and driven by their son, appellee Grant Bowers. On September 29, 2003, Mr. and
Mrs. Delt sued all five appellees, and on June 16, 2005, the UAW and the Local 716 obtained
a summary judgment, from which the Delts now appeal. However, because the Delts’ claim
against the three Bowers defendants remains pending and because the order appealed from
does not contain a proper Rule 54(b) certificate, we dismiss the appeal.
The summary judgment in favor of UAW and Local 716 recites that they are entitled
to judgment as a matter of law and that the Delts’ complaint against them is dismissed. It then
states the following:
RULE 54(b) CERTIFICATE
The Court hereby certifies, in accordance with Rule 54(b) of the Arkansas Rules of
Civil Procedure, that it has determined there is no just reason for delay of the entry of
a final judgment, and that the Court hereby directs a final judgment of dismissal with
prejudice of Plaintiffs’ claims against the United Automobile, Aerospace, and Agricultural
Implement Workers of America and UAW Local 716.
This Court shall maintain jurisdiction of Plaintiffs’ claims against Grant Paddock
Bowers, David Bowers, and Minta Jane Bowers, but such proceedings shall be stayed
pending the results of Plaintiffs’ appeal or pending further order of this Court.
While the above certificate attempts to certify an interlocutory appeal, it does not set
forth specific factual reasons why an appeal may proceed at this point. Rule 54(b)(1) of the
Arkansas Rules of Civil Procedure provides that a trial court may direct the entry of final
judgment as to fewer than all of the 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.” (Emphasis added.) The Rule 54(b) certificate must “set
forth the factual findings upon which the determination to enter the judgment as final is
based.” Ark. R. Civ. P. 54(b)(1) (2005). Where a Rule 54(b) certificate does not contain
specific factual findings upon which the decision to enter a final judgment was based, it does
not conform to the requirements of the rule and is therefore ineffective to certify the appeal.
See Stouffer v. Kralicek, 81 Ark. App. 89, 98 S.W.3d 475 (2003). A violation of Rule 54(b)
relates to our subject-matter jurisdiction, and we therefore will raise the issue on our own,
even if the parties do not. See Coleman v. Regions Bank, ___ Ark. ___, ___ S.W.3d ___
(Nov. 3, 2005); Strack v. Capital Services Group, Inc., 87 Ark. App. 202, ___ S.W.3d ___
(2004).
Because the certificate in this case does not conform to the requirements of Rule
54(b), in that it fails to set forth specific factual findings as to why a final judgment should
be entered, we dismiss the appeal without prejudice. See Stouffer v. Kralicek, supra.
Dismissed without prejudice.
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.