Bradbury v. Harvey , 2016 Ark. App. 538 ( 2016 )

Cite as 2016 Ark. App. 538
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CV-16-97
Opinion Delivered November 9, 2016
RALPH BRADBURY APPEAL FROM THE PULASKI
APPELLANT COUNTY CIRCUIT COURT,
SIXTH DIVISION
V. [NO. 60CV-2011-5472]
EDWARD HARVEY; BONNIE HONORABLE CHRISTOPHER
HARVEY; and MARVIN JONES CHARLES PIAZZA, JUDGE
APPELLEES
APPEAL DISMISSED WITHOUT
PREJUDICE; MOTION TO DISMISS
MOOT
BRANDON J. HARRISON, Judge
Ralph Bradbury appeals two Pulaski County Circuit Court summary-judgment
orders. We must dismiss this appeal without prejudice because there is no final order in the
circuit court.
Whether an order is final and therefore appealable is a jurisdictional question that this
court will raise on its own. Kowalski v. Rose Drugs of Dardanelle, Inc., 2009 Ark. 524, 357
S.W.3d 432. The orders that Bradbury has appealed are not final because they do not
resolve Edward Harvey’s and Bonnie Harvey’s counterclaim against Bradbury for an alleged
breach of fiduciary duty. See City of Corning v. Cochran, 350 Ark. 12, 14, 84 S.W.3d 439,
441 (2002) (pending counterclaim destroys finality).
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Cite as 2016 Ark. App. 538
We take this opportunity to remind Bradbury that, should he appeal again, his
addendum must include all papers that are essential to confirm our jurisdiction. Arkansas
Supreme Court Rule 4-2(a)(8)(A) (2015).
A final point. The Harveys moved to dismiss Bradbury’s appeal because “the claims
against the John Doe defendants are not adjudicated and continue to exist” and that an order
dismissing two defendants from the case was entered after Bradbury had filed his notice of
appeal. Based on our finality decision, the motion is moot.
Appeal dismissed without prejudice; motion to dismiss moot.
VIRDEN and BROWN, JJ., agree.
Jack Nelson Jones, P.A., by: Randy Coleman, for appellant.
Barber Law Firm PLLC, by: Robert L. Henry III, for appellees Edward Harvey and
Bonnie Harvey.
Watts, Donovan & Tilley, P.A., by: David M. Donovan, for appellee Marvin Jones.
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