Opinion

Villines v. Harris

  • 340 Ark. 319
  • 11 S.W.3d 516
  • 2000 Ark. LEXIS 60
Court
Supreme Court of Arkansas
Filed
Feb 10, 2000
Status
Published
Author
Reeves
On the bench
W.H. "Dub" Arnold
Cited by
34 cases

"while a county court is not a court of general jurisdiction, it is a court of record," citing A.C.A. § 14-14-1001

How later courts described this case

  • "while a county court is not a court of general jurisdiction, it is a court of record," citing A.C.A. § 14-14-1001
  • Villines v. Harris I

Written by the judges who cited it.

The opinion

Kenneth R. Reeves, Special Justice, concurring. I concur with the majority view that the Circuit Court erred in granting the injunction, but do so on the basis that there is an adequate remedy at law. The Appellee sued in Circuit Court for damages and, if she can prove her case, she can obtain relief with a money judgment. As to the injunction to prohibit the collection of taxes based on the flawed assessment, the horse is already out of the barn. The entry of an injunction at this point affords no relief to the taxpayer.

The issue of whether or not a Circuit Court has the authority to issue an injunction, though addressed by this Court on several occasions, remains unclear. As the majority opinion points out, there is certainly more recent authority that Circuit Courts can issue injunctions, however, the Monette decision still hangs out there — inexplicably unaddressed.

Considering the fact that there is an adequate remedy at law, this Court does not have to reach the significant question of whether or not a Circuit Court can ever issue an injunction, and should not.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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