John Patrick Cullen v. Katie Knight-Kewak, Jarrett Cantrell, and Billy Joe Burrough, Jr.

Opinion

Cite as 2026 Ark. App. 388 ARKANSAS COURT OF APPEALS DIVISION IV

No. CV-24-288

Opinion Delivered September 9, 2026 JOHN PATRICK CULLEN APPELLANT APPEAL FROM THE JEFFERSON COUNTY CIRCUIT COURT

V. [NO. 35CV-23-815]

KATIE KNIGHT-KEWAK, JARRETT HONORABLE JODI RAINES CANTRELL, AND BILLY JOE DENNIS, JUDGE BURROUGH, JR.

APPELLEES APPEAL DISMISSED WITHOUT PREJUDICE

N. MARK KLAPPENBACH, Chief Judge John Patrick Cullen appeals from the order to dismiss entered by the Jefferson County Circuit Court. We dismiss the appeal without prejudice.

In November 2023, Cullen filed a pro se complaint naming six defendants. The record contains proof of service for three defendants. One of the served defendants, Katie Knight-Kewak, filed a motion to dismiss and an answer. She alleged that the complaint should be dismissed pursuant to Arkansas Rule of Civil Procedure 12(b)(3), 12(b)(6), and 12(b)(8) and that Cullen’s claims were barred by the applicable statutes of limitation and the doctrine of res judicata. In January 2024, the circuit court entered an order to dismiss based on Knight-Kewak’s motion. Cullen timely appealed from this order.

Before addressing the merits of the appeal, we must first decide whether Cullen appeals from a final 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 circuit court. An order is not final if it adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties unless the circuit court enters a certificate of final judgment pursuant to Arkansas Rule of Civil Procedure 54(b). Henson v. Cradduck, 2017 Ark. 317, 530 S.W.3d 847. We may raise the issue of whether an order is final and subject to appeal sua sponte. Id.

Here, the circuit court’s order was made on one defendant’s motion to dismiss. The order did not dispose of all the served defendants, nor did the circuit court direct the entry of a final judgment pursuant to Rule 54(b). Accordingly, the order is not a final, appealable order, and we dismiss the appeal without prejudice.

Appeal dismissed without prejudice.

HARRISON and MURPHY, JJ., agree.

John Patrick Cullen, pro se appellant.