Rushing v. Ramsey
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Cite as 2011 Ark. App. 558 ARKANSAS COURT OF APPEALS No. CA 10-1160 LAURA RAMSEY RUSHING APPELLANT Opinion Delivered September 21, 2011 APPEAL FROM THE SALINE COUNTY CIRCUIT COURT [NO. DR-06-1447-4] V. NICHOLAS RAMSEY APPELLEE HONORABLE ROBERT HERZFELD, JUDGE JOINT MOTION TO DISMISS GRANTED; APPEAL DISMISSED PER CURIAM Appellant Laura Ramsey Rushing and her ex-husband, appellee Nicholas Ramsey, have filed a joint motion to dismiss the appeal from the Saline County Circuit Court s order transferring custody of the parties two minor children to Nick upon finding a material change of circumstances. Laura and Nick were married May 11, 2001, and had a daughter, E.R., born on August 2, 2003. Nick adopted Laura s son from a previous marriage, T.R., born on December 31, 1998. The parties separated on or about November 1, 2006, and were divorced on January 29, 2007. At that time, the parties agreed that Laura would have primary physical custody of the children. On May 21, 2009, Nick filed an Ex Parte Emergency Petition for Change of Custody, which was granted by the trial court on September 25, 2009, on the basis that Cite as 2011 Ark. App. 558 Laura was spinning out of control and that the children s academic performance had suffered. Following a trial on June 18, 2010, the trial court granted Nick s motion for change of custody. In their joint motion to dismiss the appeal from the trial court s order entered on July 28, 2010, and amended on August 16, 2010, the parties assert that they have reached an agreement to retain joint custody of the children, thereby rendering the custody issue on appeal moot. The parties indicate in their joint motion that the trial court entered their agreement pertaining to custody. We note, however, that the trial court was without jurisdiction to enter such order once the record was lodged with this court. See Myers v. Yingling, 369 Ark. 87, 251 S.W.3d 287 (2007). Actions taken by a court lacking jurisdiction are null and void. Id. Regardless, in light of the parties agreement, we grant the motion and dismiss the appeal. Joint motion to dismiss appeal is granted. Appeal dismissed. 2
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