APPEAL
FROM THE SALINE COUNTY CIRCUIT COURT [NO. 63CV-13-438]
HONORABLE GARY ARNOLD, JUDGE
David
A. Hodges and Josh E. McHughes, for appellants.
Spicer
Rudstrom, PLLC, by: Howard Mowery, for appellees.
COURTNEY HUDSON GOODSON, ASSOCIATE JUSTICE
Sheila
McHughes, along with attorneys David Hodges and Josh
McHughes, appeals the order of the Saline County Circuit
Court granting the motion for sanctions filed by appellees
Anissa Wayland and Children's Medical Transportation
Service, LLC. For reversal, appellants argue that the circuit
court erred by (1) granting appellees' motion for
sanctions and denying their motion for sanctions; (2) denying
their motion to recuse; (3) denying their motion for
reconsideration; and (4) denying counsels' first motion
to withdraw. We dismiss the appeal for lack of a final order.
The
underlying case began when Sheila McHughes filed a complaint
on July 25, 2013. In the complaint, Sheila McHughes alleged
that she was stopped at an intersection on U.S. Highway 229
in Haskell on August 8, 2011, when she was hit from behind by
a vehicle owned by Children's and operated by Wayland,
who was a Children's employee. Throughout the litigation,
Sheila McHughes claimed that the accident caused her
abdominal pain.
Rule
11(b) of the Arkansas Rules of Civil Procedure provides that
the signature of an attorney or a party on motions or other
papers constitutes a certification that he or she has made a
reasonable inquiry and, among other things, believes that
(1) the pleading, motion, or other paper is not interposed
for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of
litigation;
(2)the claims, defenses, and other legal contentions are
warranted by existing law or by a nonfrivolous argument for
extending, modifying, or reversing existing law or for
establishing new law;
(3)the factual contentions have evidentiary support[.]
Ark. R.
Civ. P. 11(b) (2018).
After
appellees discovered inconsistencies in Sheila McHughes's
testimony and discovery responses, appellees filed a motion
for sanctions seeking dismissal of the complaint and an
allocation of costs and fees. On October 4, 2017, the circuit
court entered an order granting appellees' motion. In
pertinent part, the order stated that
this matter is dismissed with prejudice to the refiling of
same. All court costs are assessed against She[ila] McHughes,
David Hodges and Josh McHughes. Further, attorney fees
incurred by Defendants are assessed against She[ila]
McHughes, David Hodges and Josh McHughes. Defendants shall
submit an affidavit, invoices or other reliable documentary
evidence of their court costs, including expert witness fees
and court reporter fees, and attorney fees, to Ms. McHughes,
Mr. Hodges and Mr. McHughes within twenty days of this order.
If Ms. McHughes, Mr. Hodges or Mr. McHughes dispute any of
the submitted expenses and attorney fees, they shall notify
this Court within ten days of receiving the costs and
attorney fees from Defendants and request a hearing on the
amount of the costs.
No
order setting or apportioning costs and fees is part of the
record. Appellants filed a notice of appeal on October 30,
2017. Appellants also filed a motion for reconsideration on
October 27, 2017. On January 24, 2018, appellants filed a
notice of appeal from the circuit court's order denying
their motion for reconsideration. The two ...