Jeremy Kennedy v. John Felts, Brett Morgan, Doug Smith, Lona McCastlin, Andy Shock, Jamol Jones, and Wendy Ryals

Opinion

Cite as 2026 Ark. App. 415 ARKANSAS COURT OF APPEALS DIVISION II

No. CV-24-395

JEREMY KENNEDY Opinion Delivered September 16, 2026

APPELLANT

APPEAL FROM THE IZARD

COUNTY CIRCUIT COURT

V. [NO. 33CV-23-97]

JOHN FELTS, BRETT MORGAN, DOUG HONORABLE HOLLY MEYER, JUDGE SMITH, LONA MCCASTLIN, ANDY SHOCK, JAMOL JONES, AND WENDY DISMISSED RYALS APPELLEES

WENDY SCHOLTENS WOOD, Judge Appellant Jeremy Kennedy appeals the dismissal of his complaint for declaratory and injunctive relief. Because the order from which Kennedy appeals is not a final order, we dismiss the appeal.

In 2023, Kennedy filed suit against the Arkansas Parole Board and individual members of the Board (collectively, the “Board”) asserting entitlement to declaratory and injunctive relief.1 According to his complaint, Kennedy was convicted and sentenced to the Arkansas Division of Correction for several offenses: residential burglary committed in 2009 and 2013, breaking or entering committed in 2018 and 2022, theft of property

1 The Arkansas Parole Board became the Arkansas Post-Prison Transfer Board on January 1, 2024. See Ark. Code Ann. § 16-93-201(a)(1) (Supp. 2025).

committed in 2022, and first-degree criminal mischief committed in 2022. Kennedy’s 2023 parole hearing resulted in a decision to deny parole eligibility for a period of two years due to the nature and seriousness of his crimes and his prior criminal history. In his complaint, Kennedy alleged that the Board had acted outside its statutory authority and in contravention of Arkansas law in denying him parole for two years.

The Board moved to dismiss on the grounds that (1) the circuit court lacked personal jurisdiction because Kennedy failed to properly serve the Board with process, (2) the complaint failed to state facts upon which relief can be granted, and (3) the Board is entitled to immunity. The circuit court granted the Board’s motion and dismissed the action without prejudice.

We must first consider whether the circuit court’s order of dismissal is final and appealable. Whether an order is final and subject to appeal is a jurisdictional question that the court will raise on its own. McCullough v. Kelley, 2018 Ark. 78, at 3. This court does not have appellate jurisdiction when the order on appeal is not a final, appealable order. Jefferson v. Payne, 2023 Ark. 83, at 2. For an order to be final and appealable, it must terminate the action, end the litigation, and conclude the parties’ rights to the matter in controversy. McCullough, 2018 Ark. 78, at 2–3. The order must not only decide the rights of the parties but also put the court’s directive into execution, ending the litigation or a separable part of it. Id. at 3. This court will not reach the merits of an appeal if the order appealed from is not final. Jefferson, 2023 Ark. 83, at 2.

3

We note that the circuit court’s order of dismissal does not articulate a particular basis for its ruling. In issuing a “blanket” ruling, as the circuit court did here, a circuit court is deemed to have accepted all arguments advanced by the prevailing party. Franklin v. City of Ozark, 2025 Ark. App. 308, at 9, 715 S.W.3d 882, 888 (citing Corbitt v. Ark. Game & Fish Comm’n, 2023 Ark. 61). The circuit court therefore accepted the Board’s argument that the action should be dismissed on the basis that Kennedy had failed to accomplish sufficient service of process.

When service is not made on a defendant within 120 days after the filing of the complaint, a circuit court must dismiss the action without prejudice to refiling those claims. Ark. R. Civ. P. 4(i). The law in Arkansas is well settled that service of valid process is necessary to give a court jurisdiction over a defendant. Taylor v. Ark. Post-Prison Transfer Bd., 2025 Ark. 176, at 2. When the circuit court lacks jurisdiction, the appellate court also lacks jurisdiction. Jefferson, 2023 Ark. 83, at 2.

Because Kennedy failed to accomplish service of process, 2 the circuit court did not have personal jurisdiction over the Board, and the circuit court dismissed Kennedy’s complaint for declaratory and injunctive relief without reaching its merits. The record indicates that this was the first time the circuit court dismissed Kennedy’s action for failure to perfect service and that the dismissal was without prejudice to refiling his claims. “[A]

2 On appeal, Kennedy contends that he perfected service on the Board in compliance with Arkansas Rule of Civil Procedure 4(g). However, the record on appeal contains no summonses or any form of proof of service showing when, how, or even whether service was made.

4

plaintiff whose case has been dismissed without prejudice for failure to timely obtain valid service of process may refile those claims, and his position after the dismissal is no different than that of a plaintiff who voluntarily nonsuits his claims.” Taylor, 2025 Ark. 176, at 3. When the plaintiff may refile his claims, the order appealed is not a final, appealable order. Id. Without a final order on the merits, this court does not have appellate jurisdiction. Id. at 2.

Appeal dismissed.

TUCKER and HIXSON, JJ., agree.

Jeremy Kennedy, pro se appellant.

Tim Griffin, Att’y Gen., by: Laura Purvis, Ass’t Att’y Gen., for appellee.