McIlroy Bank & Trust v. Zuber
Cases that cite this one
14 later published cases cite this decision.
- Henson v. Cradduck (Ark. 2017)
- Chancellor v. Chancellor (Ark. 1984)
- String v. Kazi (Ark. 1993)
- Wallner v. McDonald (Ark. 1992)
- Helton v. Arkansas Department of Human Services (Ark. 1992)
- Quality Ford, Inc. v. Faust (Ark. 1991)
- Middleton v. Stilwell (Ark. 1990)
- Chem-Ash, Inc. v. Arkansas Power & Light Co. (Ark. 1988)
- Sevenprop Associates v. Harrison (Ark. 1988)
- Elardo v. Taylor (Ark. 1987)
- Schueck Steel, Inc. v. McCarthy Bros. Co. (Ark. 1986)
- Fratesi v. Bond (Ark. 1984)
- Corning Bank v. Delta Rice Mills, Inc. (Ark. 1984)
- Turnage v. State (Ark. 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Appellant filed suit against appellees in the Chancery Court of Washington County on two promissory notes, secured by articles of personal property, seeking foreclosure, sale and deficiency judgment. Appellees moved to dismiss the complaint under Rule 12H (3), A. R. Civ. P., on the ground the court lacked jurisdiction. Appellant responded that it could sue in equity to foreclose its security interest. The chancellor found he lacked subject matter jurisdiction and transferred the suit to circuit court. Appellant appeals.
We do not reach the merits of this appeal as the order appealed from is not final and therefore, not appealable. See Rule 2 (a) 2, Ark. Rules of Appellate Procedure. It is well established that before a judgment is final and appealable it must dismiss the parties from the court, discharge them from their action or conclude their rights to the subject matter in controversy. An order transferring a suit from law to equity, or the reverse, is not appealable. Hyatt v. City of Bentonville, 275 Ark. 210, 628 S.W. 2d 326 (1982); Heber Springs Lawn and Garden, Inc. v. FMC Corp., 275 Ark. 260, 628 S.W. 2d 563 (1982).
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.