Moore v. Circuit Court of Phillips County
430 S.W.3d 663
Ark.2013Background
- Petitioners seek writ of prohibition or certiorari against Phillips County Circuit Court’s order requiring payment of expert-witness costs.
- Underlying suit: Administrator Troup’s medical malpractice and wrongful death claim; May 29–30, 2012 trial postponements and continuances.
- July 25, 2012: Troup petitions for costs for five experts who did not testify due to continuance; request seeks $12,000.
- Petitioners argued no legal/equitable basis to impose costs for experts not caused to incur expenses.
- Circuit Court granted cost order; petitioners sought extraordinary relief in this Court.
- This Court denies writ of prohibition and denies writ of certiorari without prejudice as to the latter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether writ of prohibition lies when circuit court has issued a costs order | Pittman Moore argues lack of jurisdiction and abuse of discretion | Hanna argues court order is within jurisdiction and appeal is adequate | Prohibition denied |
| Whether writ of certiorari lies where an adequate remedy exists by appeal | Petitioners contend no adequate remedy besides certiorari | Respondent contends appeal is adequate; certiorari inappropriate | Certiorari denied without prejudice because an appeal is adequate |
| Whether circuit court abused discretion or exceeded jurisdiction in ordering expert costs | Costs awarded for experts not testifying; no cause to impose costs | Court considered continuance and expenses; proper under rules | No merit to petition; costs order not proper basis for prohibition; certiorari denied without prejudice |
Key Cases Cited
- Conner v. Simes, 355 Ark. 422, 139 S.W.3d 476 (Ark. 2003) (standards for extraordinary relief and jurisdictional review)
- S. Farm Bureau Cas. Ins. Co. v. Parsons, 2013 Ark. 322, S.W.3d (Ark. 2013) (limits on piecemeal appellate review; certiorari misuse)
- Fore v. Circuit Court of Izard County, 292 Ark. 13, 727 S.W.2d 840 (Ark. 1987) (original language on use of extraordinary writs (overruled for some aspects))
- Lupo v. Lineberger, 313 Ark. 315, 855 S.W.2d 293 (Ark. 1993) (reaffirmed that certiorari cannot substitute for appeal; avoid piecemeal review)
- Wise Co. v. Clay Circuit, 315 Ark. 333, 869 S.W.2d 6 (Ark. 1994) (supplemental opinion; limitations on extraordinary relief)