D'Arbonne Construction Co. v. Foster

72 S.W.3d 862, 348 Ark. 375, 2002 Ark. LEXIS 235
CourtSupreme Court of Arkansas
DecidedApril 25, 2002
Docket01-661
StatusPublished
Cited by9 cases

This text of 72 S.W.3d 862 (D'Arbonne Construction Co. v. Foster) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D'Arbonne Construction Co. v. Foster, 72 S.W.3d 862, 348 Ark. 375, 2002 Ark. LEXIS 235 (Ark. 2002).

Opinions

RAY THORNTON,

Justice. The court of appeals certified this case to us for an interpretation of Rule 54(b) of Arkansas Rules of Civil Procedure. The issue presented is whether the appeal must be dismissed because the names “John Doe 1” and “John Doe 2” remain included in the caption of the case. No specific order was entered by the trial court disposing of any claim that might have been made against the two John Doe defendants, but the matter was completely tried and a verdict was entered which allocated 100 percent of the liability to two named defendants, while dismissing the other named defendant. The jury verdict and order of the trial court resolved all issues relating to all allegations of claims for damages, and no unresolved or unknown claims remain for further disposition. Under these circumstances, we conclude that any claims that might have been asserted against the two unidentified John Does were abandoned, and no issues remain to be decided. We conclude that the trial court entered a final order disposing of each and every claim against each and every party to the litigation, and that Ark. R. Civ. P. 54(b) does not require that the appeal be dismissed. Accordingly, we reassign the case to the court of appeals for decision on the merits of the appeal.

To be appealable, an order must be final. Ark. R. App. P.&—Civ. 2. The finality of a trial court’s judgment is governed by Ark. R. Civ. P. 54(b) and states in pertinent part:

(1) When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third party claim, or when multiple parties are involved, the court may direct the entry of final judgment as to one or more but fewer than all of the claims or parties only upon express determination, supported by specific factual findings, that there is no just reason for delay and upon an express direction for the entry of judgment. In the event the court so finds, it shall execute the following certificate . . . [certificate omitted], '
(2) Absent the executed certificate required by paragraph (1) of this subdivision, any judgment, order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the judgment, order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.

Id. (emphasis added).

The purpose of Rule 54(b) is to prevent piecemeal litigation, and we have refused to engage in a review of an appellant’s claim against some defendants when claims against remaining defendants could possibly be asserted in the future. Shackelford v. Arkansas Power and Light, 334 Ark. 634, 976 S.W.2d 950 (1998); See also, Cortese v. Atlantic Richfield, 317 Ark. 207, 876 S.W.2d 581 (1994). However, this case does not present an order that disposes of less than all of the claims against all of the parties, and therefore there are no remaining issues to be litigated and there is no possibility of piecemeal litigation.

We recently held that John Doe defendants must be formally dismissed from a case when the plaintiff decides not to involve them in the litigation. Shackelford, supra. The plaintiff in that case amended the original complaint to exclude two John Doe defendants identified as a boat hoist manufacturer and an electrician. Id. This court held that simply amending the complaint, though an indication that the plaintiff meant for them to be dismissed, was not sufficient to dismiss them from the case, and any order that included those defendants in the caption would be invalid until the defendants were formally dismissed. Id.

The instant case presents a unique set of facts distinguishing it from Shackelford. Shackelford involved the finality of an order of summary judgment. Following the remand of an earlier case, Ms. Shackelford filed an amended complaint naming only AP&L as the defendant. AP&L moved for summary judgment, and Ms. Shackelford verbally assured the court that AP&L was the only defendant. The trial court entered a summary judgement order in favor of AP&L, but the caption to the order listed AP&L, Pat and Carrick Patterson, John Doe 1 and John Doe 2 as the defendants. The body of the summary judgment order referred only to AP&L. Specifically, the last sentence of the order named AP&L as a defendant and dismissed plaintiffs cause of action against that defendant with prejudice. She appealed the order of summary judgment to this court, and we dismissed her appeal without prejudice due to a violation of Ark. R. Civ. P. 54(b) because the rights and liabilities or claims of fewer than all the parties were resolved. Id.

Shackelford was decided on the basis of an order granting summary judgment that did not formally dispose of all possible claims against all other defendants, rather than as in this case where there was a complete trial, jury verdict, and an order allotting 100 percent of the liability between two defendants and deciding all issues relating to damages. In the instant case, the jury filled out a verdict form where the defendant parties were specifically identified. The form read as follows:

INTERROGATORY NO. 1
Do you find from a preponderance of the evidence that defendant, Lee Earnest Johnson was negligent and that his negligence was a proximate cause of the occurrence?
Answer yes or no:
YES /%/ Jerry Hudson
FOREPERSON
INTERROGATORY NO. 2
Do you find from a preponderance of the evidence that defendant D’Arbonne Construction Company was negligent and that its negligence was a proximate cause of the occurrence?
Answer yes or no:
YES /s/ Jerry Hudson
FOREPERSON
INTERROGATORY NO. 3
Do you find from a preponderance of the evidence that defendant, Warner Canley was negligent and that his negligence was a proximate cause of the occurrence?
Answer yes or no:
NO /%/ Jerry Hudson
FOREPERSON
[Jurors’ names omitted.]
INTERROGATORY NO. 4
If you answered “yes” to more than one of the first three interrogatories, then answer the following interrogatory: Using 100% as a whole, what percent of negligence which was a proximate cause of the occurrence, do you place on the defendants that you found in the first four interrogatories to have negligently caused this occurrence? Answer in percentages. Your answer must total 100%.

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D'Arbonne Construction Co. v. Foster
72 S.W.3d 862 (Supreme Court of Arkansas, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
72 S.W.3d 862, 348 Ark. 375, 2002 Ark. LEXIS 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darbonne-construction-co-v-foster-ark-2002.