Gregory Honeycutt v. Judge Phillip Foster, Ouachita County District Court
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SUPREME COURT OF ARKANSAS
No. 07665
GREGORY HONEYCUTT,
APPELLANT;
VS.
JUDGE PHILLIP FOSTER, OUACHITA
COUNTY DISTRICT COURT,
APPELLEE;
Opinion Delivered NOVEMBER 29, 2007
APPEAL FROM THE OUACHITA
COUNTY CIRCUIT COURT, SECOND
DIVISION; NO. CV062672;
HON. MICHAEL RICHARD LANDERS,
JUDGE;
APPEAL DISMISSED.
DONALD L. CORBIN, Associate Justice
This appeal arises from the Ouachita County Circuit Court’s order denying Appellant
Gregory Honeycutt’s petition and amended petition for writ of mandamus directed at
Appellee Ouachita County District Court Judge Phillip Foster (referred to as the “District
Court”), as well as the circuit court’s order granting Honeycutt’s motion to voluntarily
nonsuit his petition for writ of prohibition and denying his motion for additional ruling and
for new trial/reconsideration/relief from order. On appeal, Honeycutt raises two arguments
for reversal: the circuit court (1) improperly delayed ruling on the petitions to Honeycutt’s
prejudice; and (2) clearly erred and abused its discretion when it failed to compel the District
Court to rule on his second motion to transfer. Because this is a case of mandamus,
jurisdiction is pursuant to Ark. Sup. Ct. R. 12(a)(3). We dismiss the appeal as it is moot.
In 2004, Honeycutt brought a cause of action against Stone Timber Co., Inc., in Union
County District Court. In August 2004, Stone Timber filed a motion to dismiss the case
alleging that venue was improper in Union County because Stone Timber’s residence was
Ouachita County. On September 27, 2004, the Union County District Court dismissed the
case because venue was improper. Then, on October 6, 2004, Honeycutt filed a complaint
against Stone Timber in the District Court.
The following has occurred since Honeycutt’s complaint was filed in the District
Court. On March 24, 2005, Honeycutt filed a motion to transfer his case against Stone
Timber back to Union County District Court because venue was proper there and that court
erred in dismissing the case. Honeycutt filed a second motion to transfer, on April 12, 2005,
alleging that the District Court lacked subjectmatter jurisdiction and that venue was proper
in Union County Circuit Court. After filing this second motion, Honeycutt’s attorney sent
multiple letters to the District Court inquiring about the status of the case against Stone
Timber.
Then, on November 21, 2006, Honeycutt filed a petition for writ of mandamus in
Ouachita County Circuit Court asking the circuit court to direct the District Court to issue
an order on the motions to transfer. On December 6, 2006, the District Court issued an order
denying Honeycutt’s motion to transfer based upon its finding that venue was appropriate.
The next day, the District Court responded to Honeycutt’s petition in circuit court stating that
it had ruled on the motions to transfer by denying them by its December 6 order.
On December 27, 2006, Honeycutt filed an amended petition for writ of mandamus
in the circuit court claiming that the District Court’s December 6 order failed to address the
jurisdictional issue he raised in his second motion to transfer. Thus, he sought a writ of
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mandamus to compel the District Court to fully and completely rule on the matter. The
District Court again responded that it had ruled on the motions by denying them. On January
25, 2007, Honeycutt filed another amended petition for writ of mandamus and a petition for
writ of prohibition in the circuit court.
The circuit court, on February 7, 2007, issued an order of dismissal denying
Honeycutt’s petition and amended petition for writ of mandamus because the District Court
had issued an order denying Honeycutt’s motion to transfer. Following this order, the
District Court filed a motion to dismiss, on February 12, 2007, asking the circuit court to
dismiss the amended petition for mandamus and the petition for prohibition. In April 2007,
Honeycutt filed a motion for summary disposition and a request for findings of fact and
conclusions of law, as well as a motion for additional ruling and for new
trial/reconsideration/relief from order.
On April 23, 2007, Honeycutt filed a motion to voluntarily nonsuit his petition for
writ of prohibition. The circuit court, on April 24, 2007, granted the motion to voluntarily
nonsuit, but denied Honeycutt’s motion for additional ruling and for new
trial/reconsideration/relief from order. That same day, Honeycutt filed a notice of appeal
from the February 7 and April 24 orders.
A few months later, on September 7, 2007, the District Court issued an order
transferring Honeycutt’s case against Stone Timber to the Ouachita County Circuit Court.
Specifically, the District Court found Honeycutt’s second motion to transfer to be without
merit because the District Court had subjectmatter jurisdiction over the matter. However,
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because the circuit court had concurrent jurisdiction with the District Court on this matter,
“upon its own motion, sua sponte, and out of an abundance of caution,” the case was
transferred to the Ouachita County Circuit Court. A notice of transfer was filed with the
circuit court on September 12, 2007.
As stated above, Honeycutt raises two arguments for reversal. First, he argues that
the circuit court improperly delayed ruling on the petitions to his prejudice. In support of
this argument, Honeycutt claims that the circuit court violated Ark. Code Ann. § 16115103
(Repl. 2006) and his rights to due process by not ruling on his petition for writ of mandamus,
amended petitions for mandamus, and petition for writ of prohibition “for months.” Second,
Honeycutt argues that the circuit court clearly erred and abused its discretion when it failed
to compel the District Court to rule on the second motion to transfer. Specifically, Honeycutt
argues that his petition and amended petitions for writ of mandamus were improperly
dismissed, without requiring the District Court to rule on the second motion, when the
District Court had only ruled on Honeycutt’s first motion to transfer.
The standard of review on a denial of a writ of mandamus is whether the circuit court
abused its discretion. Republican Party of Garland County v. Johnson, 358 Ark. 443, 193
S.W.3d 248 (2004). However, as a threshold matter, this court must determine whether the
issues before it are moot. As a general rule, appellate courts of this state will not review
issues that are moot. Ball v. Phillips County Election Comm’n, 364 Ark. 574, 222 S.W.3d
205 (2006). To do so would be to render advisory opinions, which this court will not do.
Id. A case becomes moot when any judgment rendered would have no practical legal effect
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upon a thenexisting legal controversy. Id. This court has recognized two exceptions to the
mootness doctrine. Id. The first exception involves issues that are capable of repetition, but
that evade review. Id. The second exception concerns issues that raise considerations of
substantial public interest which, if addressed, would prevent future litigation. Id.
In the present case, the issues raised by Honeycutt are moot. Honeycutt’s petition for
writ of mandamus asked the circuit court to compel the District Court to rule on his motions
for transfer filed in his case against Stone Timber. On December 6, 2006, the District Court
issued an order denying Honeycutt’s motion to transfer on the issue of venue. On January
25, 2007, Honeycutt filed an amended petition for writ of mandamus as well as a petition for
writ of prohibition. On February 7, 2007, the circuit court denied Honeycutt’s petition
because it found that the District Court had acted in the matter such that a writ of mandamus
would not be proper. Honeycutt then filed a motion to nonsuit his petition for writ of
prohibition, and a motion for additional ruling and for new trial/reconsideration/relief from
order. The circuit court granted the motion to voluntarily nonsuit and denied Honeycutt’s
motion for additional ruling and for new trial/reconsideration/relief from order. Honeycutt
appealed both of the circuit court’s orders on April 24, 2007. Then, on September 7, 2007,
the District Court issued an order finding Honeycutt’s motion to transfer on the issue of
jurisdiction to be without merit, but transferring the case to the circuit court under an
abundance of caution because that court had concurrent jurisdiction. Because the District
Court has acted in this matter, Honeycutt has received the relief he requested, and both issues
raised on appeal are moot. See Barnett v. Howard, 363 Ark. 150, 211 S.W.3d 490 (2005)
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(holding that, due to the county court’s acting in the manner requested by the petition for writ
of mandamus, the petition was moot).
Furthermore, despite Honeycutt’s argument to the contrary, neither of the two
exceptions apply. Honeycutt concedes that the District Court has ruled on both motions;
however, he claims that what he had to do to force the District Court to do its duty is
unconscionable. Thus, Honeycutt concludes that it is evident that this situation could be
repeated and that the denial of his requested relief “would send the message that lower courts
can sit on motions until just before they are compelled to do so would do little to maintaining
respect for the judiciary.” This argument is unpersuasive as this case clearly does not fall
within the purview of those cases recognized by this court as those that are capable of
repetition yet evade review. Neither does this case involve an issue of substantial public
interest that, if addressed, would prevent future litigation. As such, any review of this case
would constitute an advisory opinion. It is well established that this court will not render
advisory opinions. Ball, 364 Ark. 574, 222 S.W.3d 205. Accordingly, this appeal is
dismissed.
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