Cooper v. Faulkner Cnty. Cir. Ct. (Per Curiam)

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Cite as 2013 Ark. 321 SUPREME COURT OF ARKANSAS No. CV-13-202 KAREN COOPER AND JACK DOWELL PETITIONERS Opinion Delivered SEPTEMBER 5, 2013 ORDER TO SHOW CAUSE V. FAULKNER COUNTY CIRCUIT COURT RESPONDENT PER CURIAM On March 6, 2013, Petitioners Karen Cooper and Jack Dowell petitioned this court for a writ of prohibition or, alternatively, a writ of certiorari directed to Respondent Faulkner County Circuit Court. Therein, Petitioners asserted that the circuit court acted without, or in excess of, its jurisdiction in entering an order of continuance that included a provision that prohibited Petitioners from filing any pleadings in a pending action before the circuit court until such time that Petitioners paid certain court-ordered costs and attorneys fees. Petitioners simultaneously filed a motion seeking a stay of the lower court proceedings and specifically requested that this court stay any garnishment attempt related to the award of costs and fees pending this court s consideration of their petition. We granted the motion to stay on March 14, 2013, and specifically stated that such stay included any attempt to collect on the garnishment. This court ordered briefing by the parties. The Attorney General of the State of Arkansas notified this court on May 7, 2013, that it would not be providing further filings in Cite as 2013 Ark. 321 this action, as counsel for the plaintiffs in the circuit court would provide future filings in support of the circuit court. The plaintiffs in the circuit court action are the City of Conway and Conway Corporation. Those plaintiffs are represented by attorneys Gary D. Jiles and Matthew K. Brown. In a motion for clarification filed with this court on June 24, 2013, Petitioners have asserted that on June 6, 2013, there was a garnishment of wages from the paycheck of Jack Dowell and that payment was remitted to Millar Jiles, LLP. Because this court issued an order that specifically stayed any attempt to collect on the garnishment, we direct attorneys Gary D. Jiles and Matthew K. Brown to appear before this court on September 19, 2013, at 9:00 a.m. to show cause why they should not be held in contempt for violating this court s order staying any attempt to collect on the garnishment. Walker Law Firm, PLLC, by: Kent Walker, for petitioners. -2- CV-13-202

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