Dobbs v. Dobbs, 99 Ark. App. 156, 157, 258 S.W.3d 414, 415 (2007) (citing Capitol Life & Acc. Ins. Co. v. Phelps, 72 Ark. App. 464, 37 S.W.3d 692 (2001)). Colley v. Colley, 2014 Ark. App. 194, at 1-2 (citing Roberts v. Roberts, 70 Ark. App. 94, 14 S.W.3d 529 (2000)). Id., 2014 Ark. App. 194, at 2.
The parties have one child (MC), who was three years old at the time of the divorce. In Colley v. Colley, 2014 Ark.App. 194 (Colley I), we dismissed the appeal without prejudice due to the lack of finality of the divorce decree. Thereafter, a final order was entered requiring Kenneth to pay $900 monthly in child support, which he appealed.
The parties have one child (MC), who was three years old at the time of the divorce. In Colley v. Colley, 2014 Ark.App. 194, we dismissed the first appeal without prejudice because of a lack of finality in the circuit court's decree that granted Ms. Colley's complaint for divorce. Thereafter, the circuit court entered a final order of child support that ordered Mr. Colley to pay $900 a month, which he appealed.
This same type of provision has resulted in our court dismissing several recent appeals for want of a final order. See Kelly v. Kelly, 2015 Ark. App. 147; Moore v. Moore, 2015 Ark. App. 115; White v. White, 2014 Ark. App. 628; Sanders v. Passmore, 2014 Ark. App. 237; Colley v. Colley, 2014 Ark. App. 194; Nix v. Nix, 2014 Ark. App. 162; Carroll v. Carroll, 2013 Ark. App. 286; Wadley v. Wadley, 2010 Ark. App. 733. When the order appealed from is not final, we are without jurisdiction to decide the merits.
This same type of provision has resulted in our court dismissing several recent appeals for want of a final order. See Kelly v. Kelly, 2015 Ark. App. 147; Moore v. Moore, 2015 Ark. App. 115; White v. White, 2014 Ark. App. 628; Sanders v. Passmore, 2014 Ark. App. 237; Colley v. Colley, 2014 Ark. App. 194; Nix v. Nix, 2014 Ark. App. 162; Carroll v. Carroll, 2013 Ark. App. 286; Wadley v. Wadley, 2010 Ark. App. 733. When the order appealed from is not final, we are without jurisdiction to decide the merits.
This renders the order not final for the purpose of appeal. See Wadley v. Wadley, 2010 Ark. App. 733 (holding that a divorce decree was not final when it ordered the parties to divide the remaining items of marital property and to sell any property not divided within sixty days at public auction); see also Colley v. Colley, 2014 Ark. App. 194; Nix v. Nix, 2014 Ark. App. 162. Therefore, we must dismiss the appeal without prejudice for lack of a final order.
The parties are free to divide the personal property mentioned herein by other means at any time by mutual agreement prior to the sale of the property.In several recent similar cases, this court has held that such an order is not a final order for purposes of appeal. White v. White, 2014 Ark. App. 628; Sanders v. Passmore, 2014 Ark. App. 237; Colley v. Colley, 2014 Ark. App. 194; Nix v. Nix; 2014 Ark. App. 162; Carroll v. Carroll, 2013 Ark. App. 286; Wadley v. Wadley, 2010 Ark. App. 733. In these cases, this court noted that the divorce decrees left "matters undecided between the parties and tasks yet to be performed."
The primary issue is the procedure to be used for determining the amount of his income for purposes of child support. We dismissed the first appeal without prejudice because of a lack of finality in the circuit court's decree that granted Audrey Hamilton Colley's complaint for divorce. Colley v. Colley, 2014 Ark. App. 194, 2014 WL 1092553. The circuit court subsequently entered a final order as to payment of child support, ordering Mr. Colley to pay $900 monthly for support of the parties' minor child.