# Arkansas Department of Human Services v. Southerland

> Court of Appeals of Arkansas · February 10, 1999 · 65 Ark. App. 97

URL: https://www.frixlaw.com/law-library/cases/9776964

## Case

- **Full name:** ARKANSAS DEPARTMENT OF HUMAN SERVICES v. Reuben SOUTHERLAND
- **Court:** Court of Appeals of Arkansas
- **Decided:** February 10, 1999
- **Citations:** 65 Ark. App. 97; 985 S.W.2d 336; 1999 Ark. App. LEXIS 47
- **Precedential status:** Published
- **Opinion:** Dissent by Meads
- **Judges:** Stroud, Robbins, Jennings, Crabtree, Rogers, Meads
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9776964

## Opinion text

Margaret Meads, Judge, dissenting. Appellant Arkansas Department of Human Services (DHS) has appealed from the December 16, 1997, order of the Juvenile Division of Jefferson County Chancery Court. I would dismiss the appeal because I do not believe the order appealed from is a final, appealable order.
At the conclusion of the review hearing, the judge ordered that DHS pay the foster parent, Reuben Southerland, $3,325 for board payments from June through December 1997 and instructed Mr. Southerland to notify him if he did not receive the check by January 15. In the event Mr. Southerland did not timely receive payment, the judge announced, “We will appear in court on February 4.” Paragraph 11 of the December 16 order provides:
That in the event that Mr. Reuben Southerland does not receive the said payment of $3325.00 from ADHS by January 15, 1998, then and in that event, Mr. Boyd Ward, Assistant Director of Children and Family Services, shall appear before this Court on February 4, 1998, at 1:30 p.m. for a special hearing. That in the event that Mr. Reuben Southerland does receive the said check by January 15, 1998, then and in that event, Mr. Boyd Ward will not need to appear before this Court as there will be no special hearing on February 4, 1998.
Apparently no money has been paid, and payment of the judgment has been stayed pending this appeal.
An appeal may be taken from a final judgment or decree entered by the trial court. Ark. R. App. P. — Civ. 2(a)(1). To be appealable, an order, decree, or judgment must dismiss the parties from the court, discharge them from the action, or conclude their rights to the subject matter in controversy. Chancellor v. Chancellor, 282 Ark. 227 , 667 S.W.2d 950 (1984). The record must disclose a final adjudication of the matter in controversy between the parties for the appellate court to have jurisdiction. State of Arkansas Office of Child Support Enforcement v. Morrison, 318 Ark. 563 , 885 S.W.2d 900 (1994). Even though the parties do not raise the issue of the appealability of an order, it is the duty of the appellate court to determine whether or not it has jurisdiction. Associate Fin. Serv. Co. v. Crawford County Memorial Hospital, 297 Ark. 14 , 759 S.W.2d 210 (1988). The appellate court will not reach the merits of an appeal if the order appealed from is not final. Wilburn v. Keenan Co., 297 Ark. 74 , 759 S.W.2d 554 (1988).
Because the December 16 order calls for a subsequent hearing, it was not a final adjudication of the matter and thus was not an appealable order. Therefore, I would dismiss the appeal without reaching the merits.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9776964. Public record. Not legal advice.