Supreme Court of Arkansas

Convent Corporation v. City of North Little…

May 19, 20162016 Ark. LEXIS 176

Summary

The court held that only the denial of class certification was properly appealable on an interlocutory basis; the circuit court's rulings dismissing claims, denying summary judgment, and denying injunctive relief were not appealable at that stage. Because the circuit court denied class certification solely because no evidence was presented at the hearing without considering admissible evidence already in the record, the court reversed and remanded for consideration of the Rule 23 requirements. Justice Wood, dissenting, would have affirmed because Convent was no longer a member of the proposed class and further proceedings would be futile.