State ex rel. Prater v. Honorable Jason R. BrownAnnotate this Case
The Supreme Court made permanent a preliminary writ of mandamus requiring Respondent to transfer the underlying declaratory judgment action from Greene County to Pulaski County, holding that Greene County was an improper venue because none of the defendants in the underlying action resided in Greene County.
An automobile accident that killed Juanita Prater occurred in Pulaski County. Relators filed a wrongful death action against the driver of the other car, Dakota Ball, in Pulaski County. Ronald Prater filed a personal injury action against Ball in Pulaski County. The parties later agreed to transfer the wrongful death and personal injury action to Greene County. USAA General Indemnity Company filed a declaratory judgment action in Greene County seeking a declaration that the auto policy it issued to Ball's stepmother did not cover Ball. None of the defendants resided in Greene County. After unsuccessfully filing a motion to transfer venue, Relators filed a petition for a writ of mandamus or prohibition. The Supreme Court granted a writ of mandamus, holding that the circuit court failed to execute its ministerial duty to transfer the declaratory judgment action from Greene County to a proper venue.