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Chappell v. McMillan
Citations: 296 Ark. 317; 756 S.W.2d 895; 1988 Ark. LEXIS 375Docket: 88-22
Court: Supreme Court of Arkansas; September 19, 1988; Arkansas; State Supreme Court
The case addresses the proper venue for child support proceedings following a divorce, involving appellant Doris Wynona Chappell and appellee Harry Buckley McMillan. After their divorce in Clark County Chancery Court, which granted McMillan custody of their two children, Chappell relocated to Washington County and sought to modify the custody arrangement. McMillan did not contest this modification. Chappell later filed a petition in Washington County Chancery Court for child support concerning the child she had obtained custody of. McMillan contested this petition on the grounds of improper venue, noting the original divorce occurred in Clark County. The Washington County Chancellor dismissed Chappell's petition due to this improper venue. The court affirmed the dismissal, referencing Arkansas State Racing Comm. v. Southland Racing Corp. to establish that an objection to improper venue is waived by appearance, a principle previously supported in Hargis v. Hargis concerning divorce proceedings. However, the court clarified that there is no precedent supporting the idea that a venue can be changed simply through the parties' appearance, waiver, or consent once it is established. To change the venue for related proceedings after a divorce decree, compliance with Ark. Code Ann. 9-12-320(a) is required, which mandates that both parties consent to the venue change and that the receiving court is willing to accept the case. Thus, the court upheld the dismissal of Chappell's petition for child support.