Opinion
No. 92-44
Opinion delivered May 26, 1992
APPEAL ERROR — LACK OF APPEALABLE ORDER — APPEAL DISMISSED. — The appeal was dismissed for lack of a final, appealable order where suit was filed against three defendants, but the judgment appealed from was granted on the pleadings in favor of only two of the defendants.
Appeal from Sebastian Circuit Court, Greenwood District; Floyd Pete Rogers, Judge; dismissed.
Walters Law Firm, P.A., by: Michael Hamby, for appellant.
Pryor, Barry, Smith, Karber Alford, by: Thomas B. Pryor, for appellee.
The plaintiff filed suit against three defendants. Two of the three defendants filed motions for judgments on the pleadings. See A.R.C.P. Rule 12(c). The trial court granted the motions for the two defendants, but the third separate defendant remains in the suit below. Thus, the trial court did not grant a final judgment, see A.R.C.P. Rule 54(b), and yet, the plaintiff seeks to appeal. We dismiss the appeal because the order entered is not an appealable order. Burnley v. Mutual of Omaha, 291 Ark. 185, 723 S.W.2d 363 (1987).