Cite as 2016 Ark. App. 118
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-15-589
Opinion Delivered FEBRUARY 24, 2016
JERRY D. DUVALL, WANDA APPEAL FROM THE CONWAY
DUVALL, R.D. WILLIAMS & COUNTY CIRCUIT COURT
COMPANY, AND XTO ENERGY [NO. 15CV-2013-057]
INC.
APPELLANTS HONORABLE DAVID H. MCCORMICK,
JUDGE
V.
DISMISSED WITHOUT PREJUDICE
VICKI E. CARR-POOL AS TRUSTEE
OF TRV IRREVOCABLE TRUST
APPELLEE
DAVID M. GLOVER, Judge
This case concerns the ownership of mineral interests in Conway County. Wanda
and Jerry DuVall appeal from a March 16, 2015 “Order of Judgment” in which the trial
court found in favor of Vicki E. Carr-Pool, trustee of the TRV Irrevocable Trust. The
DuValls filed a motion for new trial on March 20, 2015, which was deemed denied on April
20, 2015. On April 21, 2015, they filed their notice of appeal, contending the trial court
1) incorrectly found the trust acquired title to the mineral rights through adverse possession
and 2) incorrectly found the dower rights of a predecessor in title to be relevant. We must
dismiss the appeal because it is not from a final order.
In addition to the DuValls, two other defendants were named and served in the
petition to quiet title and for declaratory judgment filed by Vicki E. Carr-Pool, as trustee of
TRV Irrevocable Trust. Those additional defendants were R.D. Williams and Company
Cite as 2016 Ark. App. 118
and XTO Energy, Inc. The “Joint Stipulated Facts”, filed June 23, 2014, specifically
references XTO as a separate defendant in the first paragraph. Subsection C of the
document states in Paragraph 25: “August, 2012, XTO Energy Inc. suspended royalty
payments to the TRV Irrevocable Trust for the property at issue based on alleged title
defects.” Paragraph 26 provides: “XTO Energy Inc. and R D Williams and Company
entered into an independent contractor agreement with respect to the acquisition by R D
Williams and Company of oil and gas leases in an area which included the lands which are
the subject of this litigation.”
The introductory paragraph of the March 16, 2015 order mentions both XTO
Energy, Inc. and R.D. Williams and Company as defendants but does not address them
further in the body of the order. Moreover, there is no indication in the record that they
were dismissed from the case.
The question of whether an order is final and subject to appeal is a jurisdictional
question that our court will raise regardless of whether the parties have addressed the issue.
Ver Weire v. CNA Fin. Corp., 92 Ark. App. 353, 213 S.W.3d 646 (2005). An order is not
final that adjudicates fewer than all the claims or the rights and liabilities of fewer than all
the parties. Id. Rule 54(b) allows a trial court, when it finds no just reason for delaying an
appeal, to direct entry of a final judgment as to fewer than all the claims or parties by
executing a certification of final judgment. Id. Absent this required certification, however,
any judgment, order, or other form of decision that adjudicates fewer than all the claims or
the rights and liabilities of fewer than all the parties shall not terminate the action. Id.
2
Cite as 2016 Ark. App. 118
Here, there is no final order with respect to the named defendants, XTO Energy,
Inc. and R.D. Williams and Company. Neither is there a Rule 54(b) certificate.
Consequently, we do not have jurisdiction to hear this appeal.
Dismissed without prejudice.
ABRAMSON and HARRISON, JJ., agree.
Gordon & Caruth, PLC, by: Ben Caruth and Jeannie L. Denniston, for appellants.
Cullen & Co., PLLC, by: Tim Cullen, for appellee.
3