3-W Lumber Co. v. Housing Authority for City of Batesville, 85-89
| Decision Date | 30 September 1985 |
| Docket Number | No. 85-89,85-89 |
| Citation | 696 S.W.2d 725,287 Ark. 70 |
| Parties | 3-W LUMBER COMPANY, Appellant, v. HOUSING AUTHORITY FOR the CITY OF BATESVILLE, et al., Appellees. |
| Court | Arkansas Supreme Court |
Harkin & Grace by David A. Grace, Little Rock, for appellant.
Robert D. Stroud, Batesville, for appellees.
3-W Lumber Company, Inc., brought suit against the Housing Authority of the City of Batesville seeking a judgment of $23,047.72 for improvements constructed on property belonging to the Housing Authority. The United States of America, acting through the Farmers Home Administration, was made a party defendant because it held a first mortgage on the property. The complaint prayed for judgment, interest, and for a materialmen's lien upon the property of the Housing Authority.
The Housing Authority filed a counterclaim for $22,032.00 for failure to perform the contract in time and for $15,000 for negligent repair. The United States filed a Motion to Dismiss under ARCP Rule 12(b)(6), urging that the Arkansas mechanics lien statute does not apply to improvements of a public nature.
The Circuit Court entered an order dismissing the complaint against the United States and dismissing that portion of the complaint seeking a lien, leaving the remaining claims intact. 3-W Lumber Company has appealed from the order.
We dismiss the appeal because the order appealed from is not a final order, a jurisdictional requirement which we are obliged to raise even when the parties do not. Arkansas Savings and Loan Association v. Corning Savings and Loan Association, 252 Ark. 264, 478 S.W.2d 431 (1972), McConnell v. Sadle, 248 Ark. 1182, 455 S.W.2d 880 (1970).
ARCP Rule 54(b) provides that when more than one claim is presented, or where multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims and parties only upon an express determination that there is no just reason for delay and upon the express direction for the entry of the judgment.
Here, the order appealed from disposed neither of all the parties, nor all the claims. The claim of 3-W for a judgment and the counterclaim of the Housing Authority were not dismissed and, therefore, Rule 54(b) specifically applies. Inasmuch as the order did not comply with the rule, no final judgment has been entered and no appeal may be taken at this stage of the proceedings. Sherman v. G & H Transportation, Inc., 287 Ark. 25, 695 S.W.2d 832 (1985); Tulio v. Arkansas Blue Cross and Blue Shield, Inc., 283 Ark. 278...
To continue reading
Request your trial
-
Pledger v. Bosnick, 90-39
...requirement for bringing an appeal, which this court is obliged to raise even though the parties do not. 3-W Lumber Co. v. Housing Auth., 287 Ark. 70, 696 S.W.2d 725 (1985); John Cheeseman Trucking Inc. v. Dougan, 305 Ark 49, 805 S.W.2d 69 The Arkansas Rules of Appellate Procedure state at ......
-
McCrory v. Johnson
...293 Ark. 242, 737 S.W.2d 152 (1987); Kilcrease v. Butler, 291 Ark. 275, 724 S.W.2d 169 (1987); 3-W Lumber Co. v. Housing Auth. for the City of Batesville, 287 Ark. 70, 696 S.W.2d 725 (1985). See also Mueller v. Killam, 295 Ark. 270, 748 S.W.2d 141 (1988); Burnley v. Mutual of Omaha, 291 Ark......
-
Jaggers v. Zolliecoffer, 86-61
...may and should consider the issue because, absent an appealable order, we lack jurisdiction. 3-W Lumber Co. v. Housing Authority for the City of Batesville, 287 Ark. 70, 696 S.W.2d 725 (1985); Arkansas Savings & Loan Association v. Corning Savings & Loan Association, 252 Ark. 264, 478 S.W.2......
-
Tackett v. Robbs, 87-47
...Butler, supra; Arkhola Sand & Gravel Co. v. Hutchinson, 289 Ark. 313, 711 S.W.2d 474 (1986); 3-W Lumber Co. v. Housing Authority for the City of Batesville, 287 Ark. 70, 696 S.W.2d 725 (1985); Sherman v. G & H Transportation, Inc., 287 Ark. 25, 695 S.W.2d 832 (1985); Tulio v. Arkansas Blue ......