Casoli v. State

Supreme Court of Arkansas

Casoli v. State

763 S.W.2d 650, 297 Ark. 491, 1989 Ark. LEXIS 32

CourtSupreme Court of Arkansas

DecidedJanuary 23, 1989

DocketCR 88-149

StatusPublished

Cited by5 cases

This text of 763 S.W.2d 650 (Casoli v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Casoli v. State, 763 S.W.2d 650, 297 Ark. 491, 1989 Ark. LEXIS 32 (Ark. 1989).

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Opinion

David Newbern, Justice.

This case presents the question whether an appeal of an order denying a motion to dismiss for lack of a speedy trial may be taken from a municipal court to a circuit court as an interlocutory appeal. We hold that it may not.

The appellate authority of the circuit court with respect to appeals from municipal courts is to try the case appealed de novo. Ark. Code Ann. § 16-19-1105 (1987) [formerly Ark. Stat. Ann. § 26-1308]. While the statute speaks to appeals from decisions of justices of the peace, it applies to appeals from municipal court misdemeanor convictions. See Johnston v. City of Pine Bluff, 258 Ark. 346, 525 S.W.2d 76 (1975).

The circuit court remanded this case to the municipal court on the ground that the municipal court had not entered an appealable order. The appellant has attempted to appeal to this court the circuit court’s remand order. The record shows that no trial has occurred in the municipal court, no judgment has been entered, and thus there is nothing for the circuit court to try de novo. While the circuit court might have treated the attempted appeal as a request for a writ of prohibition, we know of no law requiring him to do so. The circuit court was correct.

Appeal dismissed.

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David Newbern, Justice.

This case presents the question whether an appeal of an order denying a motion to dismiss for lack of a speedy trial may be taken from a municipal court to a circuit court as an interlocutory appeal. We hold that it may not.

The appellate authority of the circuit court with respect to appeals from municipal courts is to try the case appealed de novo. Ark. Code Ann. § 16-19-1105 (1987) [formerly Ark. Stat. Ann. § 26-1308]. While the statute speaks to appeals from decisions of justices of the peace, it applies to appeals from municipal court misdemeanor convictions. See Johnston v. City of Pine Bluff, 258 Ark. 346, 525 S.W.2d 76 (1975).

The circuit court remanded this case to the municipal court on the ground that the municipal court had not entered an appealable order. The appellant has attempted to appeal to this court the circuit court’s remand order. The record shows that no trial has occurred in the municipal court, no judgment has been entered, and thus there is nothing for the circuit court to try de novo. While the circuit court might have treated the attempted appeal as a request for a writ of prohibition, we know of no law requiring him to do so. The circuit court was correct.

Appeal dismissed.

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Bluebook (online)

763 S.W.2d 650, 297 Ark. 491, 1989 Ark. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casoli-v-state-ark-1989.

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