Opinion
No. CV-17-376
03-07-2018
DAVID TRIBBLE AND DANNY TRIBBLE APPELLANTS v. FIRST SECURITY BANK, JASON TRIBBLE, AND JENNIFER TRIBBLE APPELLEES
Larry J. Steele PLC, by: Larry J. Steele, for appellants. Ronald P. Kincade, for appellee First Security Bank.
APPEAL FROM THE BAXTER COUNTY CIRCUIT COURT
[NO. 03CV-10-321] HONORABLE ROBERT MCCORKINDALE, JUDGE DISMISSED WITHOUT PREJUDICE BRANDON J. HARRISON, Judge
David and Danny Tribble appeal the circuit court's order granting summary judgment and entering a foreclosure decree in favor of First Security Bank. We dismiss for lack of a final, appealable order. There is no final order with respect to (1) Danny and David's complaint against Jason and Jennifer Tribble and (2) Jason and Jennifer's counterclaim against Danny and David. An order is not final that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties. Ver Weire v. CNA Fin. Corp., 92 Ark. App. 353, 213 S.W.3d 646 (2005). Arkansas Rule of Civil Procedure 54(b) allows a circuit court, when it finds no just reason for delaying an appeal, to direct entry of a final judgment as to fewer than all the claims or parties by executing a certification of final judgment. Id. There is no Rule 54(b) certificate. Consequently, we lack jurisdiction over this appeal and dismiss it without prejudice.
Dismissed without prejudice.
KLAPPENBACH and BROWN, JJ., agree.
Larry J. Steele PLC, by: Larry J. Steele, for appellants.
Ronald P. Kincade, for appellee First Security Bank.