Legal Opinion · Dissent

Sexson v. Municipal Court

Supreme Court of Arkansas

Decided March 15, 1993No. 92-897Published

1DissentSteele Hays, Justice

I respectfully disagree that this appeal should be treated as an original action for a writ of prohibition, or that the issuance of a writ is clearly warranted. The majority declares that the order of the Washington Circuit court denying prohibition is not appealable, citing Casoli v. State, 302 Ark. 412, 790 S.W.2d 165 (1990). But the reason for the dismissal of the appeal in Casoli was the lack of a final order. The judgment here is final and there is no reason to fictionalize this case from an appeal to an original action in prohibition.

Turning to the substantive issue, why the majority…

2Cases cited17 opinions

  1. City of Little Rock v. CashSupreme Court of Arkansas · 1982
  2. State v. MartinSupreme Court of Arkansas · 1895
  3. Reagan v. City of PiggottSupreme Court of Arkansas · 1991
  4. State ex rel. Moose v. WoodruffSupreme Court of Arkansas · 1915
  5. Clinton v. BondsSupreme Court of Arkansas · 1991

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