Opinion
93-507
Opinion delivered December 6, 1993
APPEAL ERROR — JUDGMENT AS TO FEWER THAN ALL THE PARTIES — APPEAL DISMISSED FOR FAILURE TO COMPLY WITH ARK. R. CIV. P. 54(B). — Where the trial court granted a motion to dismiss only one of two defendants, and the action was still pending, the appellate court dismissed the appeal for failure to comply with Ark. R. Civ. P. 54(b), an indispensable element of jurisdiction addressed by the court on its own.
Appeal from Newton Circuit Court; Robert M. McCorkindale II, Judge; appeal dismissed.
Woodruff Law Firm, by: Ronald G. Woodruff, for appellant.
Winston Bryant, Att'y Gen., by: Victra L. Fewell, Asst. Att'y Gen., for appellee.
Appellant Jimmy D. Reynolds brought this action against Officers Jerry Watts (appellee) and Harold Moe, alleging use of excessive force in the arrest of Jimmy D. Reynolds. The trial court granted a motion to dismiss as to Harold Moe and Reynolds has appealed. The action still pends as to Jerry Watts.
We dismiss the appeal for lack of compliance with Ark. R. Civ. P. 54(b), an indispensable element of our jurisdiction which we address on our own. State Farm Mutual Automobile Insurance Company v. Thomas, 312 Ark. 429, 850 S.W.2d 4 (1993).
Appeal Dismissed.