Tanya Butts petitioned the Supreme Court for a writ of mandamus to direct the Clarke Circuit Court to stay the proceedings in the underlying civil case until a criminal case pending against her was completed. Gaines McCorquodale and Butts each owned a one-half interest in Hometown Hospice, Inc. In July 2014, McCorquodale sued Butts, asserting claims based on allegations that Butts had misappropriated funds belonging to Hometown. The trial court entered a preliminary injunction prohibiting Butts from any involvement in the operation of Hometown. Butts contended that a stay in the civil case was necessary to protect her constitutional right against self-incrimination. The Supreme Court denied the petition: Butts was not entitled to a stay of that part of the civil case determining the value of Hometown in accordance with 10A-2-14.34. Because the trial court had not yet ruled on whether the remaining parts of the civil case should be stayed pending the resolution of the criminal case against her, mandamus relief was not appropriate on that issue. View "Ex parte Tanya Butts." on Justia Law
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