FORMAL ORDER

tiTATE 0F AI{KANSAS, )

) SCT.

SUPREME COURT }

BE IT REMEMBERED, THAT A SESSION OF THE SUPREME COURTBEGUN AND HELD IN THE CITY OF LITTLE ROCK, ON MAY 14,2A14, AMONGSTOTHERS WERE THE FOLLOWING PROCEEDINGS, TO.WIT:

SUPREME COURT CASE NO. CV-14-414

NATHANIEL SMITH, M.D., MPH, INTERIM DIRECTOR OF T}IEARKANSAS DEPARTMENT OF HEALTH, IN HIS OFFICIALCAPACITY, AND HIS SUCCESSORS I]I{ OFFICE;RICHARD WEISS, DIRECTOR OF TI{E ARKANSASDEPARTMENT OF FINANCE AND ADMINISTRATION,IN HIS OFFICIAL CAPACITY, AND HIS SUCCESSORSIN OFFICE; PULASKI CIRCUIT/COI.INTY CLERK,LARRY CRANE, IN HIS OFFICIAL CAPACITY, ANDHIS SUCCESSORS IN INTEREST; WHITE COUNTY CLERK,CHERYL EVANS, IN HER OFFICIAL CAPACITY, ANDHER SUCCESSORS IN INTEREST; LONOKE COTINTY CLERK,WILLIAM ''LARRY'' CLARKE, IN HIS OFFICIAL CAPACITY,AND HIS SUCCESSORS IN INTEREST; CONWAY COUNTYCLERK, DEBBIE HARTMAN, IN HER OFFICIAL CAPACITY,AND HER SUCCESSORS IN OFFICE; SALINE COLTNTY CLERK,DOUG CURTIS, IN HIS OFFICIAL CAPACITY, AND HISSUCCESSORS IN OFFICE; FAULKNER COTINTY CLERK,MELINDA REYNOLDS, IN HER OFFICIAL CAPACITY, ANDHER SUCCESSORS IN OFFICE; WASHINGTON COI.INTYCLERK, BECKY LEWALLEN, IN HER OFFICIAL CAPACITY,AND HER SUCCESSORS IN OFFICE

V. APPEAL FROM PULASKI COLINTY CIRCUIT COURT,SECOND DTVISION - 6OCV-13-2662

M. KENDALL WRIGHT AND JULTA E. WRIGHT,INDIVIDUALLYAND ON BEHALF OF T}IEIR MINOR CHILDREN, G.D.W.AND P.L.W.; RHONDA L. EDDY AND TREBA L. LEATH,CAROL L. OWENS AND RANEE J. IIARP; NATALIEWARTICK AND TOMMIE J. WARTICK, INDTVIDUALLYAND ON BEHALF OF THEIR MINOR SON, T.B.W.;KIMBERLY M. KIDWELL AND KATHRYN E. SHORT;JAMES BOONE AND WESLEY GTVENS; KIMBERLY M'ROBINSON AND FELICITY L. ROBINSON; LINDA L' MEYERSAND ANGELA K. STIELBY; GRE,GORY A. BRUCEAND WILLIAM D. SMITH, JR.; MONICA J. LOYDAND JENNIFER L. LOCHRIDGE; JENNIFER D. MOOREAND MANDY A. LYLES; JONATHAN K. GOBER ANDMARK R. NORWINE; ANDRA ALSBURY ANDAMBER GARDNER-ALSBURY; ANGELA SPEARS GULLETTE

APPELLANTS

ELECTRONICALLY FILED2014-May-19 13:24:31

60CV-13-2662C06D02 : 9 Pages

AND LIVICIE C. GULLETTE; SHANNON HAVENS ANDnacnEr WHITTENBURG; dOOY"RENEGAR AND ' +''r'iL 1

THOMAS STAED; KATI-IERINE I-IENSON ANDANGELIA BUFORD; CHRISTOPT.#R H. HORTON ANDMICHAEL E. POTTS; JOHN SCHE,NCK AND ROBERT LOYD;WILLIAM A. KING AND JOHN MCCLAY NANTTNN,;aiucA NAVARRO AND PATRICIA NAVARRO;AND RANDY EDDY-MCCAIN ANDGARY EDDY-MCCAIN APPELLEES

APPEAL" DISMISSED WITHOUT PREJUDICE; PETITION FOREMERGENCY STAY DENIED. CORBIN AND DANIELSON, JJ.,

CONCUR. SEE PER CURIAM THIS DATE.

IN TESTIMONY, THAT THE ABOVE IS A TRUE COPY OF,"'THE'ORDER OF'SAID'SUPREMtr'COURh.=REN D E RED -lN

THE CASE HEREIN STATED, I,'LESLIE STEEN,

CLERK OF SAID SUPREMECOURT, HEREUNTOSET MY HAND AND AFFIX THE SEAL OF SAIDSUPREMECOURT, AT MY OFFICE IN THE CITY OFLITTLE ROCK, THIS I4TH DAY OF MAY,2OI4,

DEPUTY CLERK

ORTGTNAL TO CLERK (WCOPY OF PER CURIAM)

CC/ENCL: COLIN R. JORGENSON, ASS,T ATTORNEY GENERALJACK WAGONER IIIANGELA MANN

" R. KEITH PIKECHERYL K. MAPLESMICHAEL R. RAINWATERJASON E. OWENSDAVID M. FUQUADAVID HOGUEHON. CHzuSTOPHER C.PIAZZA, CIRCUIT JUDGE

SUPREME COURT OF ARKANSASNo. CV-14-41,4

NATHANIEL SMITFI, M.D., MPH,INTERIM DIRECTOR OF THEARKANSAS DEPARTMENT OFHEALTH, IN HIS OFFICIALCAPACITY, AND HIS SUCCESSORSIN OFFICE;RICHARD WEISS, DIRECTOR OFTHE ARKANSASDEPARTMENT OF FINANCE ANDADMINISTRATION,IN HIS OFFICIAL CAPACITY, ANDHIS SUCCESSORSIN OFFICE; FULASKICIRCUIT/COUNTY CLERK,LARRY CRANE, IN HIS OFFICIALCAPACITY, AND }

HIS SUCCESSORS IN INTEREST.WHITE COUNTY CLERK,CHERYL EVANS, IN HER OFFICIALCAPACITY, ANDHER SUCCESSORS IN INTEREST;LONOKE COUNTY CLERK,WILLIAM "LARRY" CLARKE, tN HISOFFICIAL CAPACITY,AND HIS SUCCESSORS ININTEREST; CONWAY COUNTYCLERK, DEBBIE HARTMAN, IN FIEROFFICIAT-bAPACTTY,AND HER SUCCESSORS IN OFFICE;SALINE COUNTY CLERK,DOUG CURTIS, IN HIS OFFICIALCAPACITY, AND HISSUCCESSORS IN OFFICE;FAULKNER COUNTY CLERK,MELINDA REYNOLDS, IN HEROFFICIAL CAPACITY, ANDHER SUCCESSORS IN OFFICE;WASHINGTON COUNTYCLERK, BECKY LEWALLEN, IN HEROFFICIAL CAPACITY,

opinion Delivered May 74,2014

APPEAL FROM THE PULASKICOUNTY CIRCUIT COURTlNo. 60cv-13-2662)

HONORABLE CHRISTOPHERCHARLES PIAZZA, JUDGE

APPEAL DISMISSED'WITHOUTPREJUDICE: PETITION FOREMERGENCY STAY DENIED.

SF.-*.ri.

AND HER SUCCESSORS IN OFFICE

APPELLANTS

V.

M. KENDALL WRIGHT ANDJULIA E.WRIGHT; INDIVIDUALLYAND ON BEHALF OF THEIR MINORCHILDREN, G.D.W.AND P.L.W.; RHONDA L. EDDY ANDTREBA L. LEATH;CAROL L. OWENS AND RANEE J.HARP; NATALIEWARTICK AND TOMMIEJ.WARTICK; INDIVIDUALLYAND ON BEHALF OF THEI,R MINORSON, T.B.W.;KIMBERLY M. KIDWELL ANDKATHRYN E. SHORT;JAMES BOONE AND WESLEYGIVENS; KIMBERLY M.ROBINSON AND FELICITY L.ROBINSON; LINDA L. MEYERSAND ANGELA K. SHELBY;GREGORY A. BRUCEAND WILLIAM D. SMITH,JR.;MONTCAJ. LOYDAND JENNIFER L. LOCHRIDGE;JENNTFER.D. MOOREAND MANDY A. LYLES;JONATHANK. GOBER ANDMARK R. NOR'WINE; ANDRA"ALSBURY ANDAMBER GARDNER_ALSBURY;ANGELA SPEARS GULLETTE;AND LIVICIE C. GULLETTE;SHANNON HAVENS; ANDRACHEL WHITTENBURG; CODYRENEGAR; ANDTHOMAS STADE; KATHERINE

cv-14-414

(h.*.rl

HENSON ANDANGELIA BUFORD; CHRISTOPHERH. HORTON; ANDMICHAEL E. POTTS;JOHNSCHENCK AND ROBERT LOYD;WILLIAM A. KING; ANDJOHNMCCLAY RANKINE;ARICA NAVARRO AND PATRICIANAVARRO; AND RANDYEDDY.MCCAIN ANDGARY EDDY-MCCAIN

APPELLEES

PER CURIAM

Before this court is the appellants' petition for emergency stay filed by Nathaniel

Smith, M.D., Interim Director of the Arkansas Department of Health in his official capactl/

and his successors in of6ce; Richard 'Weiss, Director, Arkansas Department of Finance and

Administration, in his official capacity, and his successors in office; Pulaski Circuit/County

Clerk, Larry Crane, in his ofEcial capactty, and his successors in interest; 'S/hite Counry Clerk,

Cheryl Evans, in her official capaciry, and her successors and interest; Lonoke Counry Clerk,

William '-'Larry".Clarke, in his ofEcial capaciry, and his successors in interest; Conway Counly

Clerk, Debbie Hartman, in her official capacity, and her sue cessors in office;'Saline Counry-

Clerk, Douglas Curtis, in his official capaciry, and his successors in office; Faulkner Counry

Clerk, Melinda Reynolds, in her ofEcial capacidJ, and her successors in office; Washington

County Clerk, Becky Lewallen, in her official capaciry, and her successors in office

(hereinafter "the State"). Additionally before this court is the appellees' motion to dismiss

"J cY -1,4-41,4

S" *r:-f

appeal filed by M. Kendall Wright andJulia W. 'Wright, individually and on behalf of their

minor children, G.D.,W. and P.L.W.; Rhonda L. Eddy and Treba L. Leath; Carol L. Owens

and RaneeJ. Harp; Natalie Warti.k and TommieJ.'Wartick, individually and on'behalf of

their minor son, T.B.W.; Kimberly M. Kidwell and Kathryn E. Short; Jamgs Boone and

Wesley Givens; Kimberly M. Robinson and Feliciry L. Robinson; Linda L. Meyers and

Angela K. Shelby; Gregory A. Bruce and'tr/illiam D. Smith,Jt.; MonicaJ. Loyd andJennifer

L. Lochridge; Jennifer D. Moore and Mandy A. Lyles; Jonathan K. Gover and Mark R.

Norwine;Andra Alsbury and Amber Gardner-Alsbury; Angela Spears Gullette and Livicie C.

Gullette; Shannon Havens and Rachel Whittenburgi Cody Renegar and Thomas Stade;

Katherine Henson and Angelia Buford; Christopher H. Horton and Michael E. Potts;John

Schenck and Robert Loyd; 'William A. King andJohn McClay Rankine; Arica Navarro and

Patricia Navarro; and Randy Eddy-McCain and Gary Eddy-McCain (hereinafter "Wright").

The parties responded respectively.l

The State petitions the court for an emergency stay of the Pulaski Counry-Circuit

Court's May 9, 2074 " order granting summary judgment in favor of ['Wright] and finding Act

{aa of 1,997 andAmendment 83 unconstitutional." The State asserts that an emergency stay

is necessary "while this court considers the State's-appeal, in order to avoid confusibn-and:

uncertainry about the effect of the circuit court's order on Arkansas marriage law." Further,

the State asserts that circuit clerks across Arkansas are unceltain about whether they are

rAlso before thii court is a separate expedited motion for stay filed by the Clerks ofW.hite, Washington, Lonoke, and Conway County which is rendered moot for the reasons

explained in this opinion.

cv-1,4-414

{:{q

required to immediately issue marriage licenses to.same-sex couples, pursuant to the circuit

court's order, or are required to refrain from doing so pursuant to Amendment 83.

Wright responds that we should deny the State's petition for emergency stay because

the circuit court has yet to rule on a pending motion for stay; therefore, the petition is

premature.

Additionally before the court is 'Wright's motion to dismiss the appeal. Wright

contends that we should dismiss the State's appeal because there is no final order in this case.

Specificaily, Wright asserts that the circuit court "only ruled on the declaratory judgment

aspect of the case and has not ruled upon the injunctive reliefissue," and "did not rule on the

constitutionaliry ofArk. Code Ann. $ 9-11-208(b), which forbids circuit court clerks from

issuing marriage licenses to persons of the same sex." The State agrees with Wright that the

circuit court's order fails to rule on the injunctive relief or the constitutionaliry ofArk. Code

Ann. $ 9-11-2OB(b) and asserts that if we determine there is no final and appealable order,

then the State will not object to granting the motion to dismiss because it will file its appeal

when it is ripe. The State further responds that whether or not we dismiss the appeal, we

should use our superintending authoriry over circuit courts to issue the stay.

First, with regard to the finaliry of the circuit court's-order, the circuit co,rii's blA6i

provides in pertinent part:

THIS COURT HEREBY FINDS the Arkansas Constitutional and Legislative ban on

same-sex marriage through Act 1,44 of 1997 and Amendment 83 is unconstitutional.

Rule 2(a)(1) of the Arkansas Rules ofAppellate Procedure-Civil (201,3) provides that

an appeal may be taken only from a final judgment or decree entered by the trial court. Searcy

cv-1,4-474

d

Cnty. Cownsel for Ethical Cou't v. Hinchey, 201,7 Ark. 533. Under Arkansas Rule of Civil

Procedure 54(b), an order that fails to adjudicate all the claims as to all the parties, whether

presented as claims, counterclaims, cross-claims, or third-parry claims, is not final for purposes

of appeal. Dodge u, Lee,350 Ark. 480, BB S.W.3d 843 (2002). SeeJ-McDaniel Constr. Co, u,

Dale E. Peters Plumbing Ltd.,201,3 Ark. 777,

- S.'W.3d

-. Accordingly, here, we have

carefully reviewed the record, and the record reflects neither an adjudication of all claims nor

a proper certification pursuant to Rule 54(b) of the Arkansas Rules of Civil Procedure;

therefore, the court's order is not final, and we have no jurisdiction to hear the appeal. See

Ark. R. Civ. P. 54(b)(2) (2013); Dodge u. Lee,350 Ark. 480, 88 S.W.3d 843 (2002); see ako

Myers u. McAdams,366 Ark. 435, 236 S.W.3d 504 (2006). 'We therefore dismiss the present

appeal without prejudice.

Second, the State asserts that even if we dismiss the appeal, we should use our

superintending authoriry to grant a stay because circuit and counfy clerks are confused as to

whether they may issue same-sex marriage licenses. -We turn again to the circuit court's

order. Here, the cir'buit court did not issue a ruling with regard to Ark. Code Ann. $ 9-11-

208(b) (Repl. 2009), 'll.icense not issued to persons of the same sex." Therefore, the circuit

court's order has no effect on Ark. Code Ann-. $ 9-11-20S(b) and its prohibiiion"&Eiilst*"

circuit and counry clerks issuing same-sex marriage licenses. AccordinglY, we deny the State's

petition for an emergency stay of the circuit court's May.9, 201'4 ordet.

Motion to dismiss appeal granted without prejudice; motion for emergency stay

denied.

cv-1+-41,4

vl r. lr

CoRttN AND DANIELSoN,JJ., concur. By way of syllabus entry, we would grant the

motion to dismiss due to the lack of a final order and deny the petition for emergency stay

as the matter is still before the trial court.

-t

,i

cv-14-414