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Isely v. Isely
Citations: 287 Ark. 401; 700 S.W.2d 49; 1985 Ark. LEXIS 2283Docket: 85-247
Court: Supreme Court of Arkansas; December 9, 1985; Arkansas; State Supreme Court
Jack Holt, Jr., Chief Justice, reviewed a Petition for Writ of Prohibition filed by Stephen Isely, challenging the Pope Chancery Court's jurisdiction over a divorce suit initiated by Susan Isely. The Isleys were married in April 1978 and separated in April 1985, with Mrs. Isely returning to her parents' home in Pope County and Mr. Isely remaining in Morrilton, Conway County. Mrs. Isely filed for divorce in Pope Chancery Court on April 17, 1985. Mr. Isely moved to dismiss the divorce action, arguing that Mrs. Isely did not reside in Pope County, thus venue should be in Conway County. The chancellor denied this motion, leading Mr. Isely to file the petition for prohibition. The court found that the writ must be denied, as divorce venue is determined by the complainant's residence according to Ark. Stat. Ann. 34-1204. The parties disputed Mrs. Isely's residence, and the court emphasized that a writ of prohibition is an extraordinary remedy granted only when the lower court lacks jurisdiction, there are no disputed facts, and no adequate alternative remedy exists. The court referenced previous rulings indicating that if jurisdiction hinges on contested facts, the writ will not be granted, even if the court believes the lower court may have erred. Since the residence issue was disputed, the petition for prohibition was denied. Justice Purtle did not participate in the decision.