ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
EN BANC

CA02-1030

September 17, 2003

JAMES C. BRANSCUMB AN APPEAL FROM JEFFERSON COUNTY

APPELLANT CIRCUIT COURT

[CV-2002-113-2]

v.

HONORABLE H.A. TAYLOR

CLINTON FREEMAN CIRCUIT JUDGE

APPELLEE

DISMISSED

Per Curiam

Appellant, James Branscumb, appeals an order and judgment of the Jefferson County Circuit Court that dismissed his claim for negligence against appellee, Clinton Freeman, pursuant to Rule 12(b)(6) of the Arkansas Rules of Civil Procedure. In his complaint, appellant claimed that he was injured when his vehicle was struck by a motorcycle owned by appellee and driven by separate defendant Jonathan Bell. Appellant claimed that appellee was negligent in allowing Bell to test drive appellee's motorcycle, knowing that appellee did not carry liability insurance on the motorcycle as required by Ark. Code Ann. §§ 27-19-711 (Repl. 1994) and 27-22-104 (Supp. 1999). The trial court held that appellant's allegations did not give rise to a cause of action under Arkansas law and dismissed appellant's action against appellee. On appeal, appellant contends that the trial court erred in dismissing his complaint, and requests that this court clarify the Arkansas Motor Vehicle Liability Insurance laws and the Motor Vehicle Safety Responsibility Act and remand the case for jury trial.

We must dismiss the appeal because the judgment from which appellant appeals does not dispose of his claim against separate defendant Bell, and there is no other pleading in the record that disposes of this claim. Arkansas Rule of Civil Procedure 54(b) provides that, when more than one claim for relief is presented in an action or when multiple parties are involved, an order that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is not a final appealable order. See Hambay v. Williams, 335 Ark. 352, 980 S.W.2d 263 (1998); South County, Inc. v. First W. Loan Co., 311 Ark. 501, 845 S.W.2d 3 (1993). Rule 54(b) allows a trial court, when it finds no just reason for delaying an appeal, to direct entry of a final judgment as to fewer than all the claims or parties by executing a certification of final judgment as it appears in Rule 54(b)(1); however, absent this required certification, any judgment, order, or other form of decision that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action. See Jackson v. Delis, 76 Ark. App. 436, 67 S.W.3d 596 (2002). No such certification was made in this case.

Rule 2(a)(1) of the Arkansas Rules of Appellate Procedure-Civil provides that an appeal may be taken only from a final judgment or decree entered by the trial court. Whether an order is final for purposes of appeal is a jurisdictional issue that this court is required to raise even if the parties do not. Hambay v. Williams, supra. Because the trial court's order did not dispose of appellant's claim against separate defendant Bell, we must dismiss this appeal.

Dismissed.