DIVISION I
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
ROBERT J. GLADWIN, Judge
ROBERT MEYER d/b/a MEYER
EXCAVATORS CONTRACTORS
APPELLANT
V.
CDI CONTRACTORS, LLC
APPELLEE
CA06-31
SEPTEMBER 27, 2006
APPEAL FROM THE PULASKI
COUNTY COURT
[NO. CV02-6804]
HON. JAMES MOODY,
JUDGE
APPEAL DISMISSED
This appeal, which follows the entry of summary judgment for one party, must be
dismissed because the record does not reflect that a final order has been entered by the circuit
court.
Appellant Robert Meyer, d/b/a Meyer Excavators Contractors, sued appellee CDI
Contractors, LLC, in the Pulaski County Circuit Court in July 2002 for fraud and breach of
a subcontract with appellee to perform earthwork on a building project for the Church at
Rock Creek. Appellee defended on the ground that an unavoidable event had rendered the
contract impossible to perform and prayed that it be discharged from its obligation. Appellee
filed a counterclaim against appellant in March 2003. Appellee moved for a non-suit on its
counterclaim against appellant on December 6, 2004. The record, however, does not contain
a ruling by the circuit court on that motion.
-2-
Appellee filed a motion for summary judgment in June 2005, asserting that appellant
was barred from bringing any of his claims because he had entered into the contract in
violation of the Arkansas Contractors Licensing Law. On July 26, 2005, the circuit court
entered an order granting appellee’s motion for summary judgment, finding that, because
appellant had obtained his contractor’s license by submitting false information to the
Arkansas Contractors Licensing Board and had entered into the contract with appellee in
violation of the licensing statutes, his claims were statutorily barred. Appellee moved for an
award of attorney’s fees on July 29, 2005. Appellant filed a response to the motion for fees,
arguing that an award of fees was not proper because this case sounded primarily in tort and
because appellee prevailed on a “technical punitive statute.”
On September 12, 200