dissenting. I would deny rehearing in this case because I believe the parties do not have a final appealable order.
Rule 2(a)(1) of the Arkansas Rules of Appellate Procedure— Civil provides that an appeal may be taken only from a final judgment or decree entered by the trial court. Jackson v. Delis, 76 Ark. App. 436, 67 S.W.3d 596 (2002). Whether a final judgment, decree, or order exists is a jurisdictional issue that this court has the duty to raise, even if the parties do not, in order to avoid piecemeal litigation. Van DeVeer v. George’s Flowers Inc., 76 Ark. App. 408, 65 S.W.3d 488 (2002). Arkansas Rule of Civil Procedure 54(b) further provides that when more than one claim for relief is presented in an action or when multiple parties are involved, an order that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is not a final appealable order. See Ark. R. Civ. P. 54(b). When a court directs the entry of a final judgment as to fewer than all of the claims and finds no just reason for delaying an appeal, the court must execute a certificate of final judgment. See Jackson v. Delis, supra; Ark. R. Civ. P. 54(b).
In their complaint appellants asserted breach-of-contract and breach-of-warranty claims, and in their briefs the parties discuss both breach of contract and breach of warranty. However, in its order granting summary judgment, the court described the cause of action as merely a breach-of-warranty action and failed to address appellants’ breach-of-contract claim. I believe the court failed to address all of appellants’ claims. We also lack a certificate of final judgment. Therefore, we do not have a final appealable order. Thus, I believe this court is without jurisdiction to hear this case and the case should be dismissed.
Vaught, J., joins in this dissent.