Arkansas Lottery Commission, Ernie Passailaigue v. Alpha Marketing

Summary

The court dismissed the Commission’s interlocutory appeal because the circuit court denied the motion to dismiss on trademark-claim sufficiency grounds but never expressly ruled on sovereign immunity. Because an interlocutory appeal under the applicable appellate rule requires an order denying dismissal on sovereign-immunity grounds, the court lacked jurisdiction and dismissed without prejudice. Justices Hannah, Baker, and Brown dissented, concluding that the circuit court’s order and consideration of the motion effectively resolved the sovereign-immunity issue.