Rule 54(b) Certification Fails to Meet Standard to Create Appealable Order
The Arkansas Court of Appeals dismissed an appeal for lack of a final, appealable order in Follett v. Fitzsimmons, No. 06-1409 (11/28/07).
The Fitzsimmons' filed suit against Follett claiming they owned certain property by adverse possession. Follett had purchased the property from First Methodist Church, and she brought a third-party indemnity action against the church. The trial court dismissed the Fitzsimmons' claim but did not address the third-party claim. A judgment is not final and appealable until it dispenses of all claims and all parties. A trial court can make a judgment final by finding that injustice will occur without an immediate appeal. See Ark. R. Civ. P. 54(b).
The trial court granted Rule 54(b) certification, stating "there is no just reason for delay of the entry of a final judgment." The court of appeals held the trial court failed to comply with Rule 54(b), and the appeal was dismissed.
