Summary
In Medical & Dental Credit Bureau, Inc. v. Lake Hamilton Bible Camp & Conference Grounds, 291 Ark. 353, 727 S.W.2d 382 (1987), we held that the denial of summary judgment in a case involving an issue of garnishment was not an appealable matter within the meaning of Rule 2(a)(5).
Summary of this case from Cardinal Health v. Beth's Bail Bonds, Inc.Opinion
[291 Ark. 353-A] DUDLEY, Justice.
On March 2, 1987, the Court dismissed this appeal on the ground that denial of a motion for summary judgment in a garnishment proceeding is an interlocutory order and, therefore, not appealable. 724 S.W.2d 477.
In a petition for rehearing, the petitioner earnestly contends that garnishment is a proceeding which is ancillary to the main action between the plaintiff and defendant and the order releasing the garnishee finally disposes of the garnishment portion of the action and is appealable. We agree with petitioner's statement of law. In fact, Rule 2(a)(5), Rules of Appellate Procedure provides that an appeal may be taken from "an order which vacates or sustains an attachment or garnishment." The distinction between that facet of law and this case is that in this case there is no order vacating or sustaining a garnishment, instead there is only an order denying a motion for summary judgment.
[291 Ark. 353-B] Petition for rehearing denied.