Supreme Court of Arkansas

Duit Construction Company, Inc., Appellant v. Arkansas State Claims Commission; Arkansas General as — Hart, J…

December 10, 20152015 Ark. LEXIS 660

Summary

The dissent would dismiss the appeal because the court lacked appellate jurisdiction over the circuit court's order. It reasoned that the prior appellate decision left Duit's as-applied due-process claim viable, so the dismissal of the facial due-process and equal-protection claims was not appealable without the required certification or interlocutory-appeal basis. Justice Baker, concurring, agreed with the result but would affirm on the ground that Duit pleaded only conclusory allegations of bias and had abandoned its equal-protection claim.