B.J. McAdams, Managing Agent for Colonial Ballroom, Inc. v. Pulaski County Circuit Court

Annotate this Case
B.J. McADAMS, Managing Agent for Colonial
Ballroom, Inc. v. PULASKI COUNTY CIRCUIT
COURT; Honorable Marion A. Humphrey,
Honorable Chris Piazza, Honorable John Ward,
Honorable John Langston, Honorable Morris W.
Thompson, Honorable David B. Bogard, and
Honorable John B. Plegge

97-1467                                            ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered December 18, 1997


1.   Mandamus -- does not lie for purpose of directing reversal of prior
     decision. -- Mandamus does not lie for such purposes as
     directing a reversal of a prior decision.

2.   Mandamus -- petition signed by party who was not licensed attorney -- writ
     denied. -- The supreme court denied a petition for a writ of
     mandamus where a party who was not a licensed attorney had
     signed the petition filed in the court; corporations must be
     represented by licensed attorneys.


     Expedited Petition for an Extraordinary Writ of Mandamus; Writ
denied.
     Bob McAdams, for petitioner.
     Winston Bryant, Att'y Gen., by:  Brian G. Brooks, Asst. Att'y
Gen., for appellee.

     Per Curiam. 
     Petitioner, B.J. McAdams as "managing agent" for Colonial
Ballroom, Inc., petitions this court to issue a writ of mandamus to
the Pulaski County Circuit Court and to the individual judges
serving on the Pulaski County Circuit Court.  Specifically, he asks
that we direct the judges and the court to reverse a denial of his
motion for a temporary restraining order to prohibit the North
Little Rock Police Department from enforcing a curfew on an
establishment owned by Colonial Ballroom, Inc.
     We note initially that the petition requests this court to
direct the judges and the circuit court to do more than perform
ministerial acts.  The petition asks this court to direct a
reversal of a prior decision by using the extraordinary writ of
mandamus.  Mandamus clearly does not lie for such purposes.  See
Wilson v. Neal, 329 Ark. 125, 947 S.W.2d 338 (1997); Sanders v.
Neuse, 320 Ark. 547, 898 S.W.2d 43 (1995).
     We also deny the petition for an additional reason.  Based on
the style of the case and the signature at the end of the petition,
Colonial Ballroom, Inc., is not represented by counsel.  Bob
McAdams, who is not a licensed attorney, has signed the petition
filed in this court.  We have held that corporations must be
represented by licensed attorneys.  See All City Glass & Mirror,
Inc. v. McGraw Hill Information Sys. Co., 295 Ark. 520, 750 S.W.2d 395 (1988); Arkansas Bar Assn v. Union Nat'l Bank, 224 Ark. 48, 273 S.W.2d 408 (1954).
     In sum, we deny the petition for failure of the corporation to
have legal representation as well as for the fact that mandamus
does not lie under these circumstances.
     Writ denied.

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