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City of Little Rock v. Pulaski County Circuit Court
Citations: 330 Ark. 755; 957 S.W.2d 684; 1997 Ark. LEXIS 682Docket: 97-480
Court: Supreme Court of Arkansas; December 11, 1997; Arkansas; State Supreme Court
A petition for a writ of prohibition was filed by the City of Little Rock to prevent the Pulaski County Circuit Court from considering an appeal from the Little Rock Municipal Court on the grounds that the notice of appeal was untimely. The court found the abstract and record submitted by the City to be insufficient, as they did not clearly reflect when the appeal was perfected or provide necessary details such as the judgment of the municipal court, docket entries, and the notice of appeal. The court emphasized that for a writ of prohibition to be granted, the petitioner must demonstrate that the lower court lacked jurisdiction, which requires a complete and accurate record. The materials provided failed to meet this standard, leading to the petition's denial. The court reiterated that an ambiguous record cannot establish the entitlement to a writ, resulting in the conclusion that the petition was denied due to the flagrant deficiencies in the record and abstract.