Toland v. Robinson (Majority, with Dissenting)
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The Supreme Court dismissed this appeal from an order of the circuit court granting Appellees' motion to dismiss Appellants' complaint for lack of standing and for failure to state a cause of action, holding that the circuit court properly ruled that Appellant First Arkansas Bail Bonds, Inc. did not have standing and that the declaratory judgment claim was moot.
Appellants sought a declaratory judgment finding that Appellees, the district judge of Saline County, Benton and the district judge of Saline County, Bryant, had violated Ark. Const. art. II, 8 by failing to allow defendants to use a licensed bail-bond company. The circuit court found (1) the declaratory judgment claim was moot because Appellant James Toland had paid his sheriff's bond, most of that payment was refunded, and Toland had pleaded guilty and remained in the custody of the Arkansas Department of Correction; and (2) First Arkansas lacked standing because it had not been denied the opportunity to pay Toland's bond. The Supreme Court dismissed the appeal from the circuit court's order, holding (1) First Arkansas did not sustain an actual injury, and therefore, it lacked standing; and (2) the declaratory judgment claim was moot, and no exceptions to the mootness doctrine applied.
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