[Copyrighted Material Omitted]
FROM THE SALINE COUNTY CIRCUIT COURT [NO. 63CV-14-631],
HONORABLE TED CAPEHEART, JUDGE
Law Firm, P.A., Little Rock, by: Richard E. Worsham, for
Rutledge, Atty Gen., by: Daniel L. McFadden, Asst Atty
Gen., for appellees.
DAN KEMP, Chief Justice
Appellants James Toland (Toland) and First Arkansas Bail
Bonds, Inc. (First Arkansas) (collectively, appellants),
appeal an order of the Saline County Circuit Court granting a
motion to dismiss filed by appellees Mike Robinson
(Robinson), in his official capacity as District Judge of
Saline County, Benton [Department];  and Stephanie Casady
(Casady), in her official capacity as District Judge of
Saline County, Bryant [Department] (collectively, appellees).
For reversal, appellants argue that the circuit court erred
in granting appellees motion to dismiss for lack of standing
and for failure to state a cause of action. We dismiss the
appeal as moot.
was arrested on a felony charge. On September 2, 2014, Toland
appeared before Robinson for his pretrial-release decision.
Robinson set a "sheriffs bond" under Rule
9.2(b)(ii) of the Arkansas Rules of Criminal Procedure and
ordered that Toland post bond in the amount of $25,000.
Someone on Tolands behalf paid 10 percent of the bond to the
Saline County Sheriff, and Toland was released from the
Saline County Detention Center. At no point did Toland object
to the bond prior to posting it and being released. Ninety
percent of his bond amount was refunded when he appeared at
his next court date. Toland pleaded guilty to his criminal
charge and was taken into the custody of the Arkansas
Department of Correction.
October 14, 2014, appellants filed a complaint against
appellees and separate defendant Saline County (dismissed
below), alleging that the circuit court should have issued
(1) a writ of mandamus to compel appellees to allow
defendants to obtain a surety bond pursuant to article 2,
section 8 of the Arkansas Constitution, (2) a writ of
prohibition preventing appellees from violating the rights of
individuals incarcerated in the Saline County Detention
Center by refusing to allow them to use a bail-bond company
to obtain their release, and (3) a writ of certiorari finding
that appellees had exceeded their judicial authority by
requiring Rule 9.2(b)(ii) bonds. Appellants sought a
declaratory judgment finding that appellees had violated
article 2, section 8 of the Arkansas Constitution by failing
to allow the defendants to use a licensed bail-bond company.
Appellants also alleged two civil-rights violations: (1) that
appellees violated Tolands constitutional right to use a
bail-bond company pursuant to article 2, section 2 of the
Arkansas Constitution; and (2) that appellees violated First
Arkansass constitutional rights under article 2, sections 2,
22, and 29 of the Arkansas Constitution. Appellants also
requested damages, attorneys fees, and costs.
responded by filing a motion to dismiss and argued that
appellants claims were barred by judicial immunity and
sovereign immunity, that Toland had
waived his right to challenge the bail decision by accepting
the bond, that First Arkansas lacked standing to challenge
the bond, and that the extraordinary writs did not apply in
filed a motion for voluntary dismissal of their civil-rights
claims pursuant to Rule 41(a) of the Arkansas Rules of Civil
Procedure, and the circuit court entered an order dismissing
those claims without prejudice. Appellants also filed a
motion for voluntary dismissal of Saline County in accordance
with Rule 41(a), and the circuit court dismissed Saline
County from the action without prejudice.
circuit court held a hearing on appellees motion to dismiss.
On October 15, 2015, the circuit court entered an order
finding that (1) appellants did not have standing to seek a
declaratory judgment pursuant to article 2, section 8 of the
Arkansas Constitution; (2) appellants declaratory-judgment
claim was moot because Toland had paid his sheriffs bond; 90
percent of that payment was refunded when he appeared for his
court date; and Toland had pleaded guilty and remained in the
custody of the Arkansas Department of Correction; (3) First
Arkansas lacked standing because it had not been denied the
opportunity to pay Tolands bond, and its status as a
bail-bonding company had not conferred standing; (4) Casady
had not ordered Tolands bond, Toland had not appeared in
Casadys court, and no causal relationship existed between
Casady and any injury alleged by Toland; (5) neither Toland
nor First Arkansas had stated a claim for which the
extraordinary writs could be granted; (6) mandamus was
inappropriate because Robinson had the discretion to order a
sheriffs bond; (7) prohibition was inappropriate because
Robinson had jurisdiction to order the sheriffs bond; and
(8) certiorari was inappropriate because Robinson had not
abused his discretion in ordering the sheriffs bond pursuant
to Rule 9.2(b). The circuit court granted appellees motion
to dismiss and dismissed without prejudice all claims against
appellees. Appellants timely filed their notice of appeal.
Toland v. Robinson, 2017 Ark. 41, 2017 WL 635490, we
concluded that the circuit court had not provided a Rule
54(b) certification that the civil-rights claims had been
nonsuited. We held that the circuit courts order was not
final and that we did not have jurisdiction to address the
merits on appeal. Accordingly, we dismissed the appeal
without prejudice. Id.
October 8, 2018, the circuit court entered a final order,
1. This Court entered a judgment dismissing the case with
prejudice on October 15, 2015.
2. [Toland and First Arkansas] filed a timely notice of
appeal and sought review by the appellate courts.
3. On February 16, 2017, the Supreme Court issued a mandate
dismissing the appeal without prejudice since there was not a
final order. James Toland, et al. v. Mike Robinson, et
al., CV- 16-119, 2017 WL 635490. The Supreme Court
determined that there was not a final order since the Civil
Rights claims ...