Ben Williams v. Peoples Bank of Paragould; Consolidated Grain and Barge Company

Ben WILLIAMS v. STATE of Arkansas

06-25

Supreme Court of Arkansas

Opinion delivered January 26, 2006

Appeal & Error - Motion for Rule on Clerk - granted as to grants of summary judgment, but denied as to denials of summary judgment. - The motion for rule on clerk was granted as to orders granting summary judgment that the circuit court certified to be final orders pursuant to Ark. R. Civ. P. 54(b)(1) but denied with respect to circuit court orders denying summary judgment, as such orders are interlocutory and final orders pursuant to Rule 54(b)(1).

Motion for Rule on Clerk; granted in part; denied in part.

Scott Manatt, for appellant.

No response.

Per Curiam. The motion for rule on clerk filed by Appellant Ben Williams is hereby granted as to orders granting summary judgment that the circuit court has certified to be final orders pursuant to Ark. R. Civ. P. 54(b)(1) (2005). Servewell Plumbing, LLC v. Summit Contractors, Inc., ___ Ark. ___, ___ S.W.3d ___ (Feb. 3, 2005). With respect to the circuit court's orders denying summary judgment, we do not review the denial of summary-judgment motions. U.S. Fidelity & Guar. Co. v. Continental Cas. Co., 353 Ark. 834, 120 S.W.3d 556 (2003); Daniels v. Colonial Ins. Co., 314 Ark. 49, 857 S.W.2d 162 (1993). Therefore, such orders are interlocutory and not subject to certification as final orders pursuant to Rule 54(b)(1).