J. DAVID JOHN APPELLANT
MEGAN MARIE BOLINDER APPELLEE
FROM THE BENTON COUNTY CIRCUIT COURT [NO. DR-10-1327]
HONORABLE DOUG SCHRANTZ, JUDGE.
Williams & Anderson PLC, by: Marie-Bernarde Miller and
Bonnie Joan Johnson, for appellant.
Miller, Butler, Schneider & Pawlik, PLLC, by: Mason L.
Boling and Kristin L. Pawlik, for appellee.
KENNETH S. HIXSON, Judge.
J. David John and appellee Megan Marie Bolinder were never
married, but share a son, Isaiah, who was born on March 12,
2010. On February 9, 2012, the trial
court entered an order awarding primary custody of the child
to Megan, while awarding David visitation and ordering him to
pay child support. The trial court awarded David visitation
with the child for one week per month, while also awarding
him extended visitation in the summer. On February 27, 2014,
the trial court entered an order decreasing David's
nonsummer visitation to one weekend per month based on the
child's enrollment in school, with the remainder of the
visitation schedule to remain the same.
November 26, 2014, David filed a motion for the release of
Megan's medical and psychological records back to age
twenty-five. On April 28, 2015, David filed a motion to
modify child support, confirm length of summer visitation, or
alternatively to modify summer visitation. In that motion,
David requested that his child-support obligation be reduced
during the time he exercised his summer visitation with his
son. David also requested more summer visitation than he had
been previously exercising due to the drastic reduction in
his nonsummer visitation.
hearing on David's motions was held on May 27, 2015. At
that hearing, as well as at a subsequent hearing, it was
noted by the parties that there was also an unresolved
contempt motion that had been filed by Megan against David.
30, 2015, the trial court entered an order denying
David's request for the release of Megan's medical
records and denying David's motion to modify summer
visitation based on its determination that David had failed
to prove a material change in circumstances. The trial court
did, however, slightly alter the summer-visitation schedule
in its order. David now appeals from the June 30, 2015 order,
arguing that the trial court erred in denying his request for
medical records and further erred in its ruling with respect
dismiss David's appeal because the trial court's
order is not final and appealable. Rule 2(a)(1) of the
Arkansas Rules of Appellate Procedure-Civil provides that an
appeal may be taken from a final judgment or decree entered
by the trial court. For a judgment to be final, it must
dismiss the parties from the court, discharge them from the
action, or conclude their rights to the subject matter in
controversy. McIntosh v. McIntosh, 2014 Ark.App.
723. An order is not final when it adjudicates fewer than all
the claims or the rights and liabilities of fewer than all
the parties. Id. Moreover, where the order reflects
that further proceedings are pending, which do not involve
merely collateral matters such as attorney's fees, the
order is not final. Harold Ives Trucking Co. v. Pro
Transp., Inc., 341 Ark. 735, 19 S.W.3d 600 (2000). The
underlying policy of this rule is to avoid piecemeal appeals;
even though an issue on which a court renders a decision
might be an important one, an appeal will be premature if the
decision does not, from a practical standpoint, conclude the
merits of the case. Norman v. Norman, 342 Ark. 493,
30 S.W.3d 83 (2000).
order David attempts to appeal, the trial court ruled on the
medical-records and visitation issues. However, it
specifically reserved ruling on David's motion to modify
child support. Additionally, the trial court's order set
David's motion to modify child support, as well as
Megan's petition and amended petition for contempt, for a
trial at a later date. Because the trial court's order
does not resolve all of the disputed issues and reflects that
further proceedings are pending, the order is not final and
we lack jurisdiction to review it. Therefore, we dismiss the appeal without
and Whiteaker, JJ., agree.
 David lives in Chicago, Illinois, and
Megan lives in Bentonville, ...