Opinion
CLAIM NO. F000098
OPINION FILED JULY 27, 2000
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE STEPHEN SHARUM, Attorney at Law, Fayetteville, Arkansas.
Respondents represented by the HONORABLE BRUCE ANIBLE, Attorney at Law, Little Rock, Arkansas.
OPINION AND ORDER
The respondents appeal an order filed by the administrative law judge on April 20, 2000. In that order, the administrative law judge assessed deposition costs against respondents. After conducting a de novo review of the entire record, we find that the appeal must be dismissed.
The record showed that on April 18, 2000, claimant submitted the deposition of Mr. Ross D. Odom, to the administrative law judge, and requested an Order compelling respondents to pay the court reporter's charges. Relying on Rule 20 of the Arkansas Workers' Compensation Commission, the administrative law judge granted claimant's request. Apparently, respondents filed a written objection, but this was not made a part of the record.
The order from which the parties appeal must be final. In Humphrey v. Faulkner Nursing Center, 61 Ark. App. 48, 964 S.W.2d 224 (1998), the Court of Appeals addressed the finality requirement stating that: "For an order to be final, the order must dismiss the parties from the court, discharge them from the action or conclude their rights as to the cause of action." (Citing Baldor Electric Co. v. Jones, 29 Ark. App. 80, 777 S.W.2d 586 (1989)). The administrative law judge ruled on a preliminary matter, unconnected to the merits of the litigation. We find that the administrative law judge's order was not a final, appealable order. Accordingly, we do not reach the merits of the appeal.
Based on our de novo review of the entire record, we find that a lack of finality requires the dismissal of respondents' appeal.
IT IS SO ORDERED.
______________________________
PAT WEST HUMPHREY, Commissioner
_______________________________ MIKE WILSON, Commissioner