Weatherford v. Ark. Reclamation Co. , 2015 Ark. App. 667 ( 2015 )

Cite as 2015 Ark. App. 667
ARKANSAS COURT OF APPEALS
DIVISION II
No. CV-14-968
BOBBY H. WEATHERFORD, Opinion Delivered NOVEMBER 18, 2015
REBECCA S. DOWNING, AND
TERRY K. WEATHERFORD APPEAL FROM THE WHITE
APPELLANTS COUNTY CIRCUIT COURT
[NO. CV-2009-241]
V.
HONORABLE TOM HUGHES,
ARKANSAS RECLAMATION JUDGE
COMPANY, LLC, THE KENNETH H.
SANSON REVOCABLE TRUST, and APPEAL DISMISSED
THE PEGGY J. SANSON REVOCABLE
TRUST
APPELLEES
DAVID M. GLOVER, Judge
Appellants Bobby H. Weatherford, Rebecca S. Downing, and Terry K. Weatherford
(collectively “Weatherfords”) appeal the White County Circuit Court’s decision denying their
petition to confirm and quiet title in 1.37 acres by either adverse possession or boundary by
acquiescence. We dismiss this appeal because we do not have a final, appealable order.
The Weatherfords filed their petition to confirm and quiet title in March 2009 against
appellees Arkansas Reclamation Company, LLC (ARC), the Kenneth H. Sanson Revocable
Trust, and the Peggy J. Sanson Revocable Trust (jointly the Sanson Trusts).1 ARC and the
Sanson Trusts filed separate answers denying the Weatherfords’ claims; the Sanson Trusts also
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The Sanson Trusts purchased the land in question in 2005 and sold it to ARC in
2007.
Cite as 2015 Ark. App. 667
filed a separate counterclaim alleging the tort of abuse of process. The Weatherfords
responded to the Sanson Trusts’ counterclaim. The Weatherfords then filed an amended
petition to confirm and quiet title, to which both ARC and the Sanson Trusts responded.
After a hearing on the merits and the filing of posttrial briefs, the trial court denied the
Weatherfords’ petition to confirm and quiet title. The Weatherfords timely filed this appeal.
Although neither party raises the issue, the question whether an order is final and
subject to appeal is jurisdictional, which our court will raise sua sponte. Jacobs v. Collison,
2015 Ark. App. 420. Here, the trial court never addressed the Sanson Trusts’ counterclaim.
When a trial court does not rule on a counterclaim, it is still outstanding, and the resulting
order is not final. Berry v. Moon, 2011 Ark. App. 78. Because the order is not final and
appealable, the appeal must be dismissed.
Appeal dismissed.
HIXSON and HOOFMAN, JJ., agree.
Lightle, Raney, Streit & Streit, LLP, by: Susannah R. Streit, for appellants.
Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., by: Alex T. Gray, for appellees.
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