Cite as 2017 Ark. App. 272
ARKANSAS COURT OF APPEALS
DIVISION III
No. CV-16-429
ANNA J. BELK Opinion Delivered: MAY 3, 2017
APPELLANT
APPEAL FROM THE PERRY
V. COUNTY CIRCUIT COURT
[NO. 53CV-13-22]
RONALD L. BELK ET AL.
APPELLEES HONORABLE WENDELL GRIFFEN,
JUDGE
DISMISSED WITHOUT PREJUDICE
N. MARK KLAPPENBACH, Judge
In this appeal, appellant raises several challenges stemming from the circuit court’s
order granting summary judgment in favor of appellees. 1 However, we cannot reach the
merits of this appeal because we are without a final, appealable order. Therefore, we must
dismiss the appeal without prejudice.
A complete recitation of the facts giving rise to this appeal is not necessary here but
may be found in Belk I. In Belk I, our court dismissed appellant’s appeal for lack of a final
order because appellees had merely dismissed without prejudice their compulsory
counterclaim for slander of title. The voluntary dismissal without prejudice of a compulsory
counterclaim does not operate to make the court’s order final and appealable under Arkansas
Rule of Civil Procedure 54(b). Belk I (citing Crockett v. C.A.G. Invs., Inc., 2010 Ark. 90,
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The case returns to our court after a previous dismissal without prejudice. See Belk
v. Belk, 2015 Ark. App. 682, 476 S.W.3d 861 (Belk I).
Cite as 2017 Ark. App. 272
361 S.W.3d 262, and Bevans v. Deutsche Bank Nat’l Trust Co., 373 Ark. 105, 281 S.W.3d
740 (2008)).
After our court dismissed Belk I, the case returned to the Perry County Circuit Court.
Appellant filed an unopposed motion for a Rule 54(b) certificate, and a stand-alone Rule
54(b) certificate was filed of record on March 17, 2016. Appellant filed a notice of appeal
from the Rule 54(b) certificate.
A proper Rule 54(b) certificate grants finality to a judgment that is otherwise not
final for appellate purposes. Arkansas Rule of Civil Procedure 54(b)(1) requires that a proper
certificate “shall appear immediately after the court’s signature on the judgment.” Ark. R.
Civ. P. 54(b)(1) (emphasis added). The word “shall” when used in our Rules of Civil
Procedure is construed to mean that compliance is mandatory. Watkins v. City of Paragould,
2013 Ark. App. 539. “The plain language of the rule therefore requires that the certificate
be located on the judgment, after the court’s signature.” Id. at 3.
Here, the Rule 54(b) certificate does not comply with our rules. “It was not attached
to the court’s order; nor did it reiterate the findings and conclusions of law from the order,
or incorporate or replicate the order in any way.” Id. at 2. Accordingly, the Rule 54(b)
certificate is insufficient to vest jurisdiction with this court, and we must dismiss this appeal
due to lack of a final order.
Dismissed without prejudice.
WHITEAKER and BROWN, JJ., agree.
Rose Law Firm, a Professional Association, by: Byron J. Walker and Victoria H. Jones, for
appellant.
Joseph Hamilton Kemp, PLLC, by: Joseph Hamilton Kemp, for appellees.
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