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Kassees v. Wilson5/3/2000
dgment adjudicating all the claims and the rights and liabilities of all the parties. (Emphasis added.)
When the trial court does not make the required certification under Rule 54(b), the order is not final for appellate purposes. Warren v. Kelso, 339 Ark. 70, 3 S.W.3d 302 (1999). Because a violation of Rule 54(b) relates to subject-matter jurisdiction of this court, we must raise the issue on our own. Shackelford, supra.
As mentioned above, appellant's complaint was filed against defendants Jimmy Dale Wilson; Virginia Diane Wilson; Firewater, Inc.; and John Doe 1 and 2. The complaint itself discusses liability of all five defendants, and the final sentence of the complaint prays for judgment against all defendants, jointly and severally. The caption to the order of dismissal likewise lists all five defendants. The body of the order itself, however, discusses only defendants the Wilsons and Firewater, Inc., whose motions for dismissal were before the trial court, and the final sentence of the order dismisses only them.
A plaintiff may file a motion requesting a voluntary dismissal of a claim or claims against one or all defendants pursuant to Ark. R. Civ. P. 41 (a). No such order appears in the record of the present case. In the recent case of Shackelford, supra, the Arkansas Supreme Court held that Rules 41 and 54(b) apply to John Doe defendants.
It is clear to us that when the order of dismissal was issued as to defendants the Wilsons and Firewater, Inc., no final order had been entered as to the two John Doe defendants; therefore, appellant's claim against the John Doe defendants is still pending. Because there is not a final order as to all defendants or a Rule 54(b) certification, we do not have jurisdiction to hear this case. See Shackelford, supra. Therefore, we dismiss the appeal without prejudice.
Appeal dismissed without prejudice.
Jennings and Neal, JJ., agree.
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