Supreme Court of Arkansas
McCain Mall Company Limited Partnership, Petitioner v. Pulaski County Circuit Court, Respondent — Danielson, J…
June 23, 20162016 Ark. LEXIS 223
Summary
Justice Danielson dissented from the majority's conclusion that McCain Mall had an adequate remedy through an interlocutory appeal. He would have addressed the alleged defective summons and resulting jurisdictional issue through certiorari because a determination that the circuit court lacked jurisdiction could dispose of the entire case and undermine the pending appeal. He also emphasized that deciding the issue promptly could resolve a potentially systemic defect in summonses generated by electronic court-filing systems.