Beverly Enters., Inc. v. Keaton
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Cite as 2011 Ark. 7
SUPREME COURT OF ARKANSAS
No.
10-116
B E V E R L Y E N T E R P R ISES, IN C .,
BEVERLY
HEALTH
AND
REHABILITATION SERVICES, INC.,
BEVERLY ENTERPRISES - ARKANSAS,
INC. d/b/a BEVERLY HEALTHCARE CAMDEN
APPELLANTS
Opinion Delivered January
20, 2011
APPEAL FROM THE OUACHITA
COUNTY CIRCUIT COURT,
NO. CV05-282-6,
HON. DAVID FREDERIC GUTHRIE,
JUDGE,
VS.
VALERIE KEATON, INDIVIDUALLY,
AND AS ADMINISTRATRIX OF THE
ESTATE OF HERMAN JOHNSON,
DECEASED, AND ON BEHALF OF THE
WRONGFUL DEATH BENEFICIARIES
OF HERMAN B. JOHNSON
APPELLEES
APPEAL DISMISSED.
JIM HANNAH, Chief Justice
Beverly Enterprises, Inc., Beverly Health and Rehabilitation Services, Inc., and Beverly
Enterprises–Arkansas, Inc. d/b/a Beverly Healthcare–Camden (Beverly) appeal from a
judgment entered by the Ouachita County Circuit Court on November 2, 2007. A previous
appeal from this judgment was dismissed without prejudice because the judgment did not
adjudicate or dismiss all the defendants or claims. See Beverly Enters., Inc. v. Keaton, 2009 Ark.
431. Upon remand, Beverly obtained an order from the Ouachita County Circuit Court
dismissing “with prejudice all of the Plaintiff’s claims against the Defendants save and except
Cite as 2011 Ark. 7
for the Beverly Defendants.” Therefore, there are still claims pending against Beverly that
have not been adjudicated or dismissed. See Beverly, 2009 Ark. 431, at 5.
Under Arkansas Rule of Civil Procedure 54(b)(1) & (2), a judgment is not final that
adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties.
Schubert v. Target Stores, Inc., 2009 Ark. 89, at 3, 302 S.W.3d 33, 35. An appeal may only be
taken from a final judgment or decree entered by a trial court. Ark. R. App. P.–Civ. 2(a)(1)
(2010). Whether a judgment is final and subject to appeal is a jurisdictional question that this
court will address sua sponte. Schubert, 2009 Ark. 89, at 3, 302 S.W.3d at 34. The remaining
claims against Beverly must be properly adjudicated or dismissed before this court acquires
jurisdiction to hear the appeal. See Beverly, 2009 Ark. 431, at 5.
Appeal dismissed without prejudice.
Special Justice D ONALD P. R ANEY joins.
H ENRY, J., not participating.
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