Terry Richardson v. Rhonda Richardson
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NOT DESIGNATED FOR PUBLICATION
ARKANSAS COURT OF APPEALS
EN BANC
No.
CA08-1091
TERRY RICHARDSON,
Opinion Delivered 19
NOVEMBER 2008
APPELLANT
APPEAL FROM THE
INDEPENDENCE COUNTY
CIRCUIT COURT
[NO. DR-06-167-2]
V.
RHONDA RICHARDSON,
APPELLEE
THE HONORABLE JOHN NORMAN
HARKEY, JUDGE
DISMISSED WITHOUT PREJUDICE
PER CURIAM
Appellant Terry Richardson has moved for a stay in this divorce appeal. He
seeks to stop the sale of real and personal property pursuant to the divorce decree.
The sale is scheduled for December 17th. In the course of considering the stay
motion, we have determined that we lack jurisdiction.
After ordering the sale of real property, the circuit court’s decree ordered:
All Personal Property acquired after the marriage date shall be sold and
the net proceeds shall be divided equally. The parties are directed to
submit to each other a list of the personal property alleged to have been
purchased after the date of the marriage. The personal property agreed
to have been purchased after the date of marriage shall be sold by the
Independence County Circuit Clerk within sixty (60) days of the entry
of this Decree. The remaining disputed property shall be subject to further
hearings in this Court.
The unresolved issues about personal property destroy the decree’s finality. Roberts v.
Roberts, 70 Ark. App. 94, 95–96, 14 S.W.3d 529, 530–31 (2000). And the circuit
court made no Rule of Civil Procedure 54(b) certification. Jones v. Huckabee, 363 Ark.
239, 240–41, 213 S.W.3d 11, 12–13 (2005). We therefore dismiss the appeal without
prejudice. The mandate shall issue immediately so that the parties will have the
opportunity to address the stay request in the circuit court before the sale date.
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