dismissing appeal of circuit court’s order remanding for two new hearings as not final
How later courts described this case
- dismissing appeal of circuit court’s order remanding for two new hearings as not final
Written by the judges who cited it.
The opinion
Cite as 2020 Ark. App. 201
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CV-19-328
Opinion Delivered: March 18, 2020
AMEEN OLWAN ET AL.
APPELLANT APPEAL FROM THE PULASKI COUNTY
CIRCUIT COURT,
V. SECOND DIVISION
[NO. 60CV-17-6533]
ARKANSAS TOBACCO CONTROL
BOARD HONORABLE CHRISTOPHER
APPELLEE CHARLES PIAZZA, JUDGE
DISMISSED WITHOUT PREJUDICE
WAYMOND M. BROWN, Judge
The Arkansas Tobacco Control Board (Board) revoked appellant Ameen Olwan’s
permits to sell tobacco products after finding that he “was in possession of . . . tobacco
products with unpaid [excise] taxes, and he purchased tobacco, vapor, or alternative
nicotine products from unlicensed dealers.” Following Olwan’s petition for judicial review
of the administrative adjudication as permitted under Arkansas Code Annotated section
25-15-212 (Supp. 2019), the Pulaski County Circuit Court remanded the case to the Board
for new hearings. Olwan appeals the circuit court’s order of remand; however, because he
appeals from a nonfinal order, we must dismiss the appeal.
On December 18, 2018, the circuit court entered an order that states the following:
This case is remanded to the Arkansas Tobacco Control Board for two new
hearings; the first is to decide whether revocation of Petitioner’s tobacco permits
was proper and the second to rehear Arkansas Tobacco Control Case Number
2016-0227.
A circuit court’s order of remand to an administrative agency for further
proceedings is not a final, appealable order.1 Because the order is not final, we lack
jurisdiction to hear the present appeal.
Dismissed without prejudice.
KLAPPENBACH and VAUGHT, JJ., agree.
Hancock Law Firm, by: Charles D. Hancock, for appellant.
Lyndsey D. Burnette, Arkansas Tobacco Control, for appellee.
1
Ark. Ins. Dep’t v. Henley, 2016 Ark. App. 60, 481 S.W.3d 467.
2