Posted by: Tasha C. Taylor | April 21, 2010

Rule 54(b) Certification Requires Showing of Undue Hardship Without Interlocutory Appeal

Arkansas Rule of Civil Procedure 54(b) requires that a Rule 54(b) certification include a showing that “undue hardship would likely result if an interlocutory appeal were not allowed.” Thompson v. The City of Bauxite, Arkansas, et al., 2010 Ark. App. 338 (April 21, 2010).  The Arkansas Court of Appeals dismissed the appeal in Thompson today because of a lack of such a showing of undue hardship in the 54(b) certification:

 This court, however, must dismiss the appeal. The Rule 54(b) certification found in the circuit court’s order is defective because it does not state any factual reason to support the conclusion that there was no just cause to delay entry of a final judgment even though there remain outstanding claims. Instead, the certification merely explained why the allegation relating to the signatures had been dismissed and did not show that undue hardship would likely result if an interlocutory appeal were not allowed, which is what Rule 54(b) requires.  Cruse v. 451 Press, LLC, 2010 Ark. App. 115. Accordingly, we dismiss the appeal.

Thompson, 2010 Ark. App. 338, at 3.


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