MEDICAL & DENTAL CREDIT BUREAU V. LAKE 353-A HAMILTON BIBLE CAMP & CONF. GROUNDS [291 Cite as 291 Ark. 353 (1987) Supplemental Opinion on Denial of Rehearing April 20, 1987 727 S.W.2d 382 APPEAL & ERROR — ORDER VACATING OR SUSTAINING GARNISHMENT APPEALABLE — ORDER DENYING MOTION FOR SUMMARY JUDGMENT NOT APPEALABLE. — Although Ark. R. App. P. 2(a)(5) provides that an appeal may be taken from "an order which vacates or sustains an attachment or garnishment," an order denying a motion for summary judgment is not appealable. Petition for rehearing; denied. ROBERT H. 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. 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 the 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. /
MEDICAL & DENTAL CREDIT BUREAU V. LAKE ARK.] HAMILTON BIBLE CAMP & CONF. GROUNDS 353-B Cite as 291 Ark. 353 (1987) Petition for rehearing denied.
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