Supreme Court of Arkansas

Desoto Gathering Company, LLC, Petitioner v. Barbara and Richard Ramsey; Cary and Richard Shirley; Virgie Parrott…

January 28, 20162016 Ark. LEXIS 29

Summary

The court denied DeSoto's petition for a writ of prohibition because the Faulkner County Circuit Court had subject-matter and personal jurisdiction, the pleadings supplied a basis for venue there, and venue could be reviewed after a final order. The court held that prohibition is preventive rather than corrective and is not the proper vehicle for immediate review of an interlocutory venue ruling, particularly where an appeal remains available. Justice Goodson, dissenting and joined by Justice Wynne, would have treated prohibition as the established method for deciding an improper-venue challenge on undisputed pleadings.