Stodola v. Lynch

2017 Ark. 181, 519 S.W.3d 677, 2017 Ark. LEXIS 149
Supreme Court of Arkansas·Decided May 18, 2017·No. CV-16-473·Published·Cited by 5 cases

Opinion

JOSEPHINE LINKER HART, Associate Justice

hThe Pulaski County Circuit Court concluded that appropriations made by municipal ordinances or resolutions of the Cities of Little Rock and North Little Rock (the Cities) to the Little Rock Regional Chamber of Commerce, Metro Little Rock Alliance, the North Little Rock Regional Chamber of Commerce, and the North Little Rock Economic Development Corporation were in violation of article 12, section 5 of the Arkansas Constitution. In reaching its decision, the circuit court further found that “contracts” authorized by the Cities with these various entities were void for lack of consideration and were instead “donations” to the economic development efforts of these entities. The court found that appellants were “permanently ENJOINED from passing ordinances or resolutions in violation of Ark. Const. Art. 12, § 5.” Appellants, the Cities and then1 respective mayors, appeal that decision. However, because an amendment to article 12,12section 5 of the Arkansas Constitution has rendered the basis for the circuit court’s injunction moot, we remand to the circuit court with instructions to lift the injunction and dismiss appellees’ complaint.

Before we consider the arguments on appeal, however, we must first consider appellees’ motion to dismiss on the basis that this court lacks jurisdiction to hear the appeal. The resolution of this question necessarily requires a brief recitation of the procedural history of this case.

On January 24, 2013, appellees filed a complaint bringing four claims against appellants: (1) appellants had made unlawful appropriations in violation of article 12, section 5 of the Arkansas Constitution; (2) appellants had misused and illegally spent public funds generated from tax revenue, which constituted an illegal exaction; (3) the City of Little Rock had violated its own ordinances relating to bidding and contracting procedures; (4) the City of North Little Rock had violated its own ordinance related to bids. Appellants answered, and appellees moved for partial summary judgment on their claim relating to article 12, section 5 of the Arkansas Constitution.

On February 19, 2015, appellees moved for a voluntary dismissal of all claims except for the claim alleging a violation of article 12, section 5 of the Arkansas Constitution. The circuit court granted the motion the following day. In an amended order filed June 26, 2015, the circuit court found in favor of appellees on the remaining claim. Appellants initially sought to appeal to this court from this order but subsequently dismissed the appeal.

On March 3, 2016, appellants moved to dismiss with prejudice the three unlitigat-ed claims, even though those claims previously had been dismissed by the circuit court. In an |sorder filed May 2, 2016, the circuit court denied appellants’ motion. The court stated that appellants were seeking the court’s dismissal with prejudice of claims that were “not currently before this Court” because those claims had been dismissed. The court concluded that “at this point, this Court has no jurisdiction over this matter, and even if it did, it is basic to the judicial process that the Court cannot rule on the merits of claims not before it.” The court stated that “[i]n light of the lack of jurisdiction,” it declined to rule on appellants’ motion to dismiss with prejudice the three claims. On May-17, 2016, appellants filed a notice of appeal. In the notice of appeal, appellants asserted that they were appealing from the amended order filed on June 26 2015, and from the May 2,2016 order “ending all issues on appeal.”

Appellees have filed with this court a motion to dismiss the appeal. In their motion, appellees assert that appellants have raised on appeal arguments relating only to the June 26, 2015 order and that their appeal from that order had been abandoned. Appellees further argue that the circuit court properly found in its May 2, 2016 order that it lacked jurisdiction and that, consequently, this court lacks jurisdiction to hear the appeal. In response, appellants argue that they could not have appealed from the June 26, 2015 amended order because it was not a final order. Further appellants contend that the May 2, 2016 order was a final order from which appellants timely appealed.

This court, in Deer/Mt. Judea School District. v. Kimbrell, 2013 Ark. 393, 430 S.W.3d 29, cited Mountain Pure LLC v. Affiliated Foods Southwest, Inc., 366 Ark. 62, 233 S.W.3d 609 (2006), stating, “Under Mountain Pure, jurisdiction vests in the circuit court until such time as any outstanding claims are properly adjudicated or are no longer a bar to finality and a final order is entered.” Deer/Mt. Judea Sch. Dist., 2013 Ark. 393, at 7-3, 430 S.W.3d at 37. Thus, we must determine whether the three unlitigated claims that were dismissed are no longer a bar to finality, allowing the case to be appealed.

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Stodola v. Lynch, 2017 Ark. 181, 519 S.W.3d 677, 2017 Ark. LEXIS 149 (Ark. 2017).

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