The opinion
Cite as 2025 Ark. App. 171
ARKANSAS COURT OF APPEALS
DIVISION III
No. CV-23-734
AMERICAN HEALTH LAW Opinion Delivered March 19, 2025
ASSOCIATION
APPELLANT APPEAL FROM THE BRADLEY
COUNTY CIRCUIT COURT
[NO. 06CV-22-11]
V.
HONORABLE ROBERT BYNUM
ESTATE OF FRED CUNNINGHAM GIBSON III, JUDGE
APPELLEE
MOTION TO DISMISS GRANTED;
APPEAL DISMISSED WITHOUT
PREJUDICE
RAYMOND R. ABRAMSON, Judge
This interlocutory appeal involves the question of whether appellant American
Health Law Association (“AHLA”), an arbitration organization, is immune from suit or
immune from civil liability. Appellee, Estate of Fred Cunningham (“the Estate”), has moved
to dismiss this appeal for want of a final order. Because we conclude that there is no final
order in this case, we dismiss the appeal without prejudice.
On September 15, 2023, the Bradley County Circuit Court denied AHLA’s motion
for summary judgment. In response to the complaint and amended complaint, AHLA had
earlier filed a motion to dismiss claiming it was immune. The circuit court denied that
motion on April 14, 2023. No appeal was taken from that order. On June 20, 2023, AHLA
moved for summary judgment, arguing that the Estate could not establish a claim for
negligence because AHLA is immune from damages pursuant to Arkansas Code Annotated
section 16-108-241(a) (Repl. 2016). The September 2023 order denying that motion is now
before us on appeal.
However, before we turn to the merits of this case, we must address the Estate’s
motion to dismiss for lack of a final order. A final order is one that dismisses the parties,
discharges them from the action, or concludes their rights to the subject matter in
controversy. See Covenant Presbytery v. First Baptist Church, 2014 Ark. App. 301; Davis v. Brown,
2011 Ark. App. 789. Absent a final order or a properly executed certificate from the circuit
court making an “express determination, supported by specific factual findings, that there is
no just reason for delay”—which we do not have—an order that fails to adjudicate all of the
parties’ claims cannot be appealed. Ark. R. Civ. P. 54(b).
The circuit court’s order denying summary judgment in this case is not a final order
because there is no right to appeal an order denying summary judgment for failure to
establish a claim for negligence. The basis of the appeal is the denial of the defense of
immunity. The Estate argues that the denial of the motion for summary judgment based on
immunity is not an appealable order unless it involves sovereign immunity; therefore, the
appeal should be dismissed. We agree.
Arkansas Code Annotated section 16-108-241(a) provides that if applicable, an
arbitration organization “is immune from civil damages.” Immunity from civil damages is
not the same as immunity from suit. Our supreme court held in Baptist Health v.
Sourinphoumy, 2023 Ark. 15, 659 S.W.3d 689, that precedent permits an appeal only in the
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state’s defense of sovereign immunity or the immunity of a government official. The court
distinguished between immunity from suit and immunity from liability. In the instant case,
the statute in question provides that if applicable, AHLA would be immune from civil
damages––in other words, immunity from liability and not immunity from suit. As the
Baptist Health court noted:
We have explained the difference between immunity from suit and immunity from
liability: “[i]mmunity from suit is the entitlement not to stand trial, while immunity
from liability is a mere defense to a suit.” Smith v. Rogers Grp., Inc., 348 Ark. 241, 257,
72 S.W.3d 450, 460 (2002). The rationale for an interlocutory appeal is that the right
to immunity from suit is effectively lost if the case is permitted to go to trial. Newton
v. Etoch, 332 Ark. 325, 965 S.W.2d 96 (1998). Here, because the immunity at issue is
one of liability rather than immunity from suit, we apply our general rule that an
appeal may not be taken from an order denying a motion to dismiss. Because the
circuit court’s order is not a final, appealable order, we dismiss the appeal for lack of
jurisdiction.
The same rationale applies here; as such, we do not have a final order, and this appeal must
be dismissed.1
Motion to dismiss granted; appeal dismissed without prejudice.
VIRDEN and BARRETT, JJ., agree.
PPGMR Law, PLLC, by: Brian H. Ratcliff, Jim D. Rankin, and Samuel S. McLelland, for
appellant.
1
The failure to enter judgment or an order of dismissal on all claims by all parties
against all other parties renders the judgment interlocutory and not subject to appeal, absent
an applicable exception to finality recognized by Rule 2 of the Arkansas Rules of Appellate
Procedure–Civil. See Ford Motor Co. v. Washington, 2012 Ark. 325; Bulsara v. Watkins, 2010
Ark. 453. None of those exceptions apply here.
3
David A. Couch PLLC, by: David A. Couch, for appellee.
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