Hampton v. Black

While I have no quarrel with the treatment of the substantive issues presented, I cannot agree that the order is appealable. The idea that an order ending a “severable branch” of the litigation is appealable began as dicta in Davie v. Davie, 52 Ark. 224, 12 S.W. 558 (1889). In Parker v. Murray, 221 Ark. 554, 254 S.W.2d 468 (1953), the supreme court held that an order was appealable “where a distinct and several branch of the case is finally determined, although the suit is not ended.” (Quoting Davie v. Davie, supra.) While I do not disagree with the concept, I do not think that it will be…