Ford Motor Co. v. Washington

Appellant and Appellee jointly petitioned the Supreme Court for rehearing following the dismissal of Appellant's appeal without prejudice due to lack of a final order. In the dismissal, the Supreme Court denied Appellee's motion to nonsuit her claims against another defendant because no order dismissing the defendant from the case was entered. In their petition, Petitioners contended that, pursuant to Ark. R. App. P.-Civ. 3, the order in the appeal was final because they abandoned any pending but unresolved claim in their notices of appeal and cross-appeal. The Supreme Court denied the petition, holding (1) Rule 3 requires appellants and cross-appellants to abandon pending and unresolved claims, but it does not permit appellants and cross-appellants to dispose of parties in the same fashion; and (2) in this case, the voluntary nonsuit was effective only upon entry of court order dismissing the action. View "Ford Motor Co. v. Washington" on Justia Law