Cooper Communities, Inc. v. Circuit Court

W.H. “Dub” Arnold, Chief Justice.

On August 17, 1998, petitioners, Cooper Communities, Inc., and Jan L. Seth and Judith F. Seth, co-trustees of the Family Trust of Jan L. Seth and Judith F. Seth, filed a petition for writ of certiorari, requesting that we quash the Benton County Circuit Court’s order dismissing the petitioners’ case and order the circuit court to proceed with a trial de novo. In support of their position, the petitioners argue that the circuit court was wholly without jurisdiction to dismiss the case and that a writ of certiorari is the only available remedy to cure the…