Supreme Court of Arkansas

Karen Cooper and Jack Dowell, Petitioners v. Circuit Court of Faulkner County, Respondent

October 3, 20132013 Ark. LEXIS 434

Summary

The court denied prohibition because the challenged order had already been entered, but granted certiorari because the order facially exceeded the circuit court's authority, denied the petitioners meaningful access to the courts, and left them without an adequate remedy. The court directed the circuit court to rescind the January 31, 2013 order in its entirety, without separately deciding whether the fee award was permissible. Justice Danielson, concurring, agreed with the disposition but emphasized that courts may restrict access in limited circumstances when proven necessary.