Ameen Olwan v. Arkansas Tobacco Control Board

2020 Ark. App. 201

Opinion

Cite as 2020 Ark. App. 201 ARKANSAS COURT OF APPEALS DIVISION IV

No. CV-19-328

Opinion Delivered: March 18, 2020 AMEEN OLWAN ET AL.

APPELLANT APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT,

V. SECOND DIVISION [NO. 60CV-17-6533]

ARKANSAS TOBACCO CONTROL BOARD HONORABLE CHRISTOPHER APPELLEE CHARLES PIAZZA, JUDGE

DISMISSED WITHOUT PREJUDICE

WAYMOND M. BROWN, Judge

The Arkansas Tobacco Control Board (Board) revoked appellant Ameen Olwan’s permits to sell tobacco products after finding that he “was in possession of . . . tobacco products with unpaid [excise] taxes, and he purchased tobacco, vapor, or alternative nicotine products from unlicensed dealers.” Following Olwan’s petition for judicial review of the administrative adjudication as permitted under Arkansas Code Annotated section 25-15-212 (Supp. 2019), the Pulaski County Circuit Court remanded the case to the Board for new hearings. Olwan appeals the circuit court’s order of remand; however, because he appeals from a nonfinal order, we must dismiss the appeal.

On December 18, 2018, the circuit court entered an order that states the following:

This case is remanded to the Arkansas Tobacco Control Board for two new hearings; the first is to decide whether revocation of Petitioner’s tobacco permits was proper and the second to rehear Arkansas Tobacco Control Case Number 2016-0227.

A circuit court’s order of remand to an administrative agency for further

proceedings is not a final, appealable order.1 Because the order is not final, we lack jurisdiction to hear the present appeal.

Dismissed without prejudice.

KLAPPENBACH and VAUGHT, JJ., agree.

Hancock Law Firm, by: Charles D. Hancock, for appellant.

Lyndsey D. Burnette, Arkansas Tobacco Control, for appellee.

1 Ark. Ins. Dep’t v. Henley, 2016 Ark. App. 60, 481 S.W.3d 467.