Corbit v. State
Supreme Court of Arkansas
334 Ark. 592
Randy Corbit v. State of Arkansas
Appeal from Phillips Circuit Court
No. 98-212
Randy Corbit and Norman Corbit v.
State of Arkansas
Supreme Court of Arkansas
Opinion delivered October 29, 1998
- Forfeitures—property-forfeiture cases—civil in nature.—Although they may result in penal sanctions, property-forfeiture cases are civil in nature.
- Judgment—finality—criteria not met—appeal dismissed.—Where the trial court’s order provided that certain substitute assets would be ordered forfeited “in the event the defendant is convicted,” the supreme court concluded that this contingent aspect robbed the order of finality and required dismissal of the appeal; the order met none of the finality criteria stated in Ark. R. App. P.—Civ. 2(a); nor had there been any attempt to comply with Ark. R. Civ. P. 54(b), which allows entry of a final judgment as to one or more parties or claims but fewer than all of them and permits an appeal upon a determination by the trial court that there is no just reason for delay.
- Judgment—finality—conditional order not final for purposes of appeal.—The failure to comply with Ark. R. Civ. P. 54(b) and to adjudicate all claims against all parties is jurisdictional and renders the matter not final for purposes of appeal; as a general rule, a conditional judgment, order, or decree, the finality of which depends upon certain contingencies that may or may not occur, is not final for the purposes of appeal.
Appeal from Phillips Circuit Court; L. T. Simes, II, Judge; appeal dismissed.
Etoch Law Firm, by: Louis A. Etoch, for appellants.
Winston Bryant, Att’y Gen., by: Gil Dudley, Ass’t Att’y Gen., for appellee.
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