Deer/mt. Judea School District, Appellant v. Thomas W. Kimbrell, Appellee; Deer/mt. Judea School District, Appellant…

Summary

The court denied the motion to dismiss the Beebe appeal, holding that the notice of appeal was timely because refiling the nonsuited claim in a separate action did not itself make the remaining order final. It affirmed dismissal of claims that were or could have been litigated in prior school-funding litigation, but reversed and remanded dismissal of claims based on post-mandate adequacy reports, cost-of-living adjustments, transportation funding, and facilities funding; it also affirmed striking the late amended complaint and dismissed the Kimbrell appeal as moot. Justice Corbin, dissenting in part and concurring in part, would have dismissed the Beebe appeal as untimely while agreeing that the Kimbrell appeal was moot and that the amended complaint could be stricken.