Foreman v. Arkansas Dept. of Human Services

Decision Date19 June 2002
Docket NumberNo. CA 01-1175.,CA 01-1175.
Citation82 S.W.3d 176,78 Ark. App. 48
PartiesTerry FOREMAN, Roy Dale McGuire, and Tervonne McGuire v. ARKANSAS DEPARTMENT OF HUMAN SERVICES.
CourtArkansas Court of Appeals

Shannon S. Blatt, Fort Smith, for appellant.

Dana McClain, Little Rock, for appellee.

JOHN F. STROUD, JR., Chief Judge.

Appellant Terry Foreman is the mother of the two children involved in this case, T.M. and M.M. Appellee, Department of Human Services, filed petitions for emergency custody of the children on May 7, 1999. The orders for emergency custody were granted the same day; the probable cause orders were entered on May 19, 1999; and the adjudication orders were both filed on June 17, 1999, finding that the children were dependent-neglected and that return to the custody of the parents was contrary to the health, safety, and best interests of the children. Allegations of sexual abuse involving Carl Foreman, the children's stepfather, arose after the children were placed in appellee's custody. At the Foremans' request, a hearing was held on the sexual abuse allegations on June 13, 2001. On June 20, 2001, appellee filed a petition for termination of parental rights, which was subsequently amended. In an order entered July 3, 2001, the trial court specifically found that "the Department has proven by a preponderance of the evidence that the herein juveniles were sexually abused and that the Defendant, Carl Foreman, was the perpetrator." Appellant appeals from this order. We are without jurisdiction to hear the appeal because the order is not final. We therefore dismiss the appeal.

Whether an order is final and appealable is a matter going to the jurisdiction of the appellate court, and it is an issue that the appellate court has a duty to raise on its own motion. Capitol Life Acc. Ins. Co. v. Phelps, 72 Ark.App. 464, 37 S.W.3d 692 (2001). The rule that an order must be final to be appealable is a jurisdictional requirement, observed to avoid piecemeal litigation. Id. For an order to be final, it must dismiss the parties from the court, discharge them from the action, or conclude their rights to the subject matter in controversy. Id. An order must be of such a nature as to not only decide the rights of the parties, but also to put the court's directive into execution, ending the litigation or a separable part of it. Id. When the order appealed from reflects that further proceedings are pending, which do not involve merely collateral matters, the order is not final Id. Moreover, Rule 2 of our Rules of Appellate Procedure — Civil addresses appealable matters. Rule 2(c) specifically addresses appeals from juvenile court:

(c) All appeals from juvenile court shall be made in the same time and manner provided for appeals from chancery court.

(1) In delinquency cases, the state may appeal only under those circumstances that would permit the state to appeal in criminal proceedings.

(2) Pending an appeal from any case involving a juvenile out-of-home placement, the juvenile court retains jurisdiction to conduct review hearings.

(3) In juvenile cases where an out-of-home placement has been ordered, orders resulting from the hearings set below are final appealable orders:

(A) adjudication and disposition. hearings;

(B) review and permanency planning hearings if the court...

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4 cases
  • McKibben v. Mullis
    • United States
    • Arkansas Court of Appeals
    • November 6, 2002
    ...the jurisdiction of the appellate court, and thus the appellate court can raise this issue on its own. Foreman v. Arkansas Dep't of Human Servs., 78 Ark. App. 48, 82 S.W.3d 176 (2002). For an order to be final, it must dismiss the parties from the court, discharge them from the action, or c......
  • Clark v. Arkansas Dept. of Human Services
    • United States
    • Arkansas Court of Appeals
    • April 13, 2005
    ...issue that we may address sua sponte. Moses v. Hanna's Candle Co., 353 Ark. 101, 110 S.W.3d 725 (2003); Foreman v. Arkansas Dep't of Human Servs., 78 Ark.App. 48, 82 S.W.3d 176 (2002). Rule 2(c) of the Rules of Appellate Procedure—Civil (2004) addresses the appealability of juvenile cases. ......
  • Edwards v. Ark. Dep't of Human Servs.
    • United States
    • Arkansas Court of Appeals
    • April 22, 2015
    ...do not raise it. May Constr. Co. v. Town Creek Constr. & Dev., 2010 Ark. App. 711, 2010 WL 4254455 ; Foreman v. Ark. Dep't of Human Servs., 78 Ark. App. 48, 82 S.W.3d 176 (2002). An order or judgment is not considered final if it does not adjudicate all of the claims or all of the rights an......
  • Whitten v. Rich, CA 06-530 (Ark. App. 2/14/2007)
    • United States
    • Arkansas Court of Appeals
    • February 14, 2007
    ...the appellate court, and it is an issue that the appellate court has a duty to raise on its own motion. Foreman v. Arkansas Dep't of Human Services, 78 Ark. App. 48, 82 S.W.3d 176 (2002). An order is not final when it adjudicates fewer than all the claims or the rights and liabilities of fe......

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