Property is “mislaid” if the owner intentionally places it in a certain place and later forgets about it. Terry v. Lock, 343 Ark. 452, 37 S.W.3d 202, 207 (2001). “Lost” property includes property the owner unintentionally parts with through either carelessness or neglect.
As suggested by the 1981 Platoro federal district court opinion above, in the absence of a governing statutory provision, ownership or possession of artifacts found on state land would be determined by the common law of finds applicable to personal property found on land and in the water. See, e.g., United States v. Shivers, 96 F.3d 120 (5th Cir. 1996); Treasure Salvors, Inc. v. Unidentified Wrecked Abandoned SailingVessel, 569 F.2d 330 (5th Cir. 1978); Terry v. Lock, 37 S.W.3d 202, 206 (Ark. 2001); Corliss v. Wenner, 34 P.3d 1100 (Idaho App. 2001); Ritz v.Selma United Methodist Church, 467 N.W.2d 266, 268-69 (Iowa 1991); Morganv. Wiser, 711 S.W.2d 220, 221-23 (Tenn.App. 1985); Schley v. Couch, 284 S.W.2d 333, 334 (Tex. 1955).
We review equity cases de novo on the record, and we will not reverse unless we determine that the court's findings of fact were clearly erroneous. Taylor v. Finck, 363 Ark. 183, 211 S.W.3d 532 (2005); Terry v. Lock, 343 Ark. 452, 37 S.W.3d 202 (2001). Facts in dispute and determinations of credibility are within the province of the fact-finder.
ABANDONED PROPERTY — that which the owner has discarded or voluntarily forsaken with the intention of terminating his ownership, but without vesting ownership in any other person. Terry v. Lock, 37 S.W.3d 202, 206 (Ark. 2001); LOST PROPERTY — that property which the owner has involuntarily and unintentionally parted with through neglect, carelessness, or inadvertence and does not know the whereabouts.
The court ruled that the property was mislaid, as opposed to lost or abandoned, and that the money should be surrendered to the Kazis, to be held in trust until it was retrieved by the owner. In its written order, the court expressly relied upon Terry v. Lock, 343 Ark. 452, 27 S.W.3d 202 (2001), and found that the property was neither abandoned nor a treasure trove, and therefore, found that the money was either lost or mislaid. Because the money had been placed in a drawer, as opposed to being found on the floor, the court concluded that the money had been mislaid and forgotten. It further dismissed any claims of appellant, the City of Searcy, and Pritchett. This appeal followed. [1] The rights of a finder of property depend on how the found property is classified, and the character of the property should be determined by evaluating all the facts and circumstances present in the particular case.
It cannot be waived, can be questioned for the first time on appeal, and we are required to raise it sua sponte. Id. (citing Terry v. Lock, 343 Ark. 452, 37 S.W.3d 202 (2001)). See also Hoyle v. Faucher, 334 Ark. 529, 533, 975 S.W.2d 843, 845 (1998) (citing Priest v. Polk, 322 Ark. 673, 912 S.W.2d 902 (1995)).
It cannot be waived, can be questioned for the first time on appeal, and can be raised by this court sua sponte. Terry v. Lock , 343 Ark. 452, 37 S.W.3d 202 (2001). Subject-matter jurisdiction is determined from the pleadings and not proof.
Although not raised by any party, this court must determine as a threshold matter whether the circuit court had subject-matter jurisdiction to consider and rule on those motions. The question of subject-matter jurisdiction is always open for review, cannot be waived, can be questioned for the first time on appeal, and can even be raised by the appellate court. Terry v. Lock, 343 Ark. 452, 37 S.W.3d 202 (2001). If the circuit court lacked jurisdiction, this court also lacks jurisdiction. Section 5–62–106 governs the disposition of animals seized pursuant to the statutory chapter outlining offenses involving animals, including charges of animal cruelty and aggravated animal cruelty.
We have a duty to determine if we have jurisdiction over a case, and if we do not, we cannot make any determinations with regard to the matter. Terry v. Lock, 343 Ark. 452, 458, 37 S.W.3d 202, 204 (2001). This court's "power and authority" to hear a case comes from the Arkansas Constitution, specifically Amendment 80, section 2.
However, we have made it clear that subject-matter jurisdiction is always open, cannot be waived, can be questioned for the first time on appeal, and can even be raised by this court. Terry v. Lock, 343 Ark. 452, 37 S.W.3d 202 (2001); Hamaker v. Strickland, 340 Ark. 593, 12 S.W.3d 210 (2000). Therefore, we will address the appellants' argument and determine whether the circuit court was without subject-matter jurisdiction.