The Arkansas Court of Appeals has dismissed an appeal filed by a Dallas County man against an oil company because the company’s complaint against the man has not been resolved.
Sewell Oil Co. sued Gary Jackson, DBA Supermart, in 2008 alleging that Jackson had owed $158,945. 74 for products and services purchased from the company. Sewell Oil asked for that amount, plus penalties and interest from Jackson.
Jackson counter-sued, alleging breach of contract, fraud and intentional interference with his business.. He also contended that he had been overcharged, and that the oil company lured away two of Jackson’s major commercial customers. Jackson asked the court to dismiss the complaint filed by Sewell Oil, and sought punitive and compensatory damages.
Jackson filed a second complaint in 2010, making the same allegations as in the initial complaint.
Later in 2010, the oil company filed a motion for summary judgment with regard to Jackson’s complaint, and that motion was granted after a hearing on June 12, 2012. Jackson filed an appeal of the court’s decision in July.
The Appeals Court ruling dismissing Jackson’s appeal said the order of summary judgment that Jackson is appealing is not final because Sewell Oil’s original complaint is still pending and because Judge Edwin Keaton, who presided at the trial, failed to comply with Arkansas Rules of Civil Procedure in his order.
The ruling indicated that Jackson could refile his appeal after a final order is issued in the case, but also advised him to review the court’s rules on abstracting deposition testimony before doing so.