Cite as 2012 Ark. 247
Rule 54(b) certificate, and it solely certified the issue involving the duty to defend. It is clear that Scottsdale appeals from the Amended Order, and appellee appeals from the Fee Order. Appellee claims in its notice of cross-appeal that it appeals from the Amended Order and the "order on plaintiffs' request for supplementary relief entered in this matter of June 16, 2011." Appellee states in its notice that it particularly appeals the portion of that order that denied it complete reimbursement for its attorney's fees and costs paid to Stubbs; however, that issue was resolved in the Fee Order. Although Rule 54(b) provides that the trial court may direct final judgment with regard to fewer than all of the claims or parties by an express determination, supported by specific factual findings, that there is no just reason for delay, the circuit court did not make such a determination here with respect to its denial in part of appellee's motion for supplemental relief. See, e.g., Richardson v. Rodgers, 329 Ark. 402, 947 S.W.2d 778 (1997) ("An order is not appealable when it fails to mention an intervenor's claim and contains no recitation of facts which would allow a piecemeal appeal under Ark. R. Civ. P. 54(b)."). The Rule 54(b) certificate does not certify the issue regarding Stubbs's fees, and we cannot reach its merits on appeal.
We dismiss the cross-appeal without prejudice because the Fee Order is not a final, appealable order within the requirements of Rule 2 of the Arkansas Rules of Appellate Procedure–Civil.
Affirmed on direct appeal; dismissed without prejudice on the cross-appeal.
CORBIN, DANIELSON, and GOODSON, JJ., concur.
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