Supreme Court of Arkansas Declines To Consider Part of Appeal Involving Court’s Failure To Consider Motion To Compel Arbitration

The Supreme Court of Arkansas recently refused to consider the portion of an appeal involving a motion to compel arbitration because the lower court had not ruled on the motion and the court therefore concluded it did not have jurisdiction to consider the appeal.

Altice USA, Inc., d/b/a Suddenlink Communications provided phone, internet, and cable services to the City of Gurdon, Arkansas. In conjunction with its provision of services, Suddenlink assessed certain fees. The City of Gurdon filed a putative class action claiming that three of the fees assessed were improper. Suddenlink filed a motion to compel individual, non-class arbitration in response. The trial court granted class certification without ruling on Suddenlink’s motion even though Arkansas Code provided that a court “shall stay any judicial proceeding that involves a claim alleged to be subject to arbitration until the court renders a final decision” on the request for arbitration. Suddenlink then appealed the court’s failure to rule on its motion and the grant of class certification.

The Supreme Court of Arkansas concluded that it did not have jurisdiction to consider the portion of Suddenlink’s appeal that challenged the failure to rule on its motion to compel arbitration. The court noted, “only certain issues concerning arbitration are eligible for interlocutory appeal, namely orders denying motions to compel arbitration.” Because the trial court had “not entered an order denying Suddenlink’s motion to compel arbitration,” the court concluded, “the absence of an order foreclosed Suddenlink’s ability to appeal” the lack of a ruling on the motion to compel. The court also noted, “Suddenlink failed to seek an extraordinary writ to force the trial court to comply with” the provision of the Arkansas Code that seemingly required the trial court to stay proceedings pending a ruling.

The Supreme Court of Arkansas then affirmed the grant of class certification.

Altice USA, Inc. d/b/a Suddenlink Communications v. City of Gurden et al., No. CV-22-32 (Nov. 10, 2022).