FORT SMITH — The judge who presided over the divorce proceedings of a Fort Smith physician and his wife, who was found dead Dec. 3, issued an order Wednesday stating she cannot rule on pending motions filed last week.

“The court having reviewed the pleadings, and applicable law, finds that the court does not have jurisdiction to rule on the pending motions based on the order of abatement,” Judge Shannon Blatt wrote in the order filed in Sebastian County Circuit Court Greenwood District.

Blatt issued the order of abatement Dec. 8, canceling the divorce between Randall and Charity Beallis because Charity died, according to the court docket.

A motion to intervene and enter a divorce decree “nunc pro tunc” was filed Dec. 9 by attorney Wayland Parker II on behalf of John Randall Powell, the adult son of Charity Beallis, the court roster shows.

That same day, court records show Parker also filed an amended motion to intervene, set aside an order of dismissal and enter the nun pro tunc decree.

The Latin term meaning “now for then” indicates a court can take an action that applies retroactively to correct a previous ruling, according to the Cornell Law School Legal Information Institute website.

The purpose of nunc pro tunc actions is generally to correct the judicial record as a way to remedy clerical issues, clear errors or prevent injustice, the law school site states. Such an amendment or judgment would be treated as if it were made on the date or dates of the original judgment, according to the legal institute.

Powell contends Blatt gave a Dec. 2 bench order or oral decree that finalized the divorce between Charity and Randall Beallis.

A written decree was not filed with the court before Charity and the twin children she and Randall Beallis shared were found shot to death Dec. 3.

“A request for emergency hearing was filed by Charity Beallis and hearing was scheduled,” Parker states in his motion. “She did not show up for the hearing and a call was made to request a welfare check and she and the half siblings of (Powell) were found deceased at the homeplace.”

On Dec. 4, Randall Beallis’ attorney, Michael Pierce, filed to dismiss the divorce action due to Charity Beallis’ death before paperwork was filed to put in force the judge’s oral granting of the divorce, records state.

Pierce filed a response to the motions made on Powell’s behalf Dec. 11, stating his client was unaware of a request or the scheduling of an emergency hearing after the Dec. 2 divorce case proceeding and “has no knowledge” that Charity Beallis ever failed to show up for a scheduled hearing in the case.

“In Arkansas, a final divorce decree must be entered in writing and filed with the court to legally dissolve the marriage,” Pierce’s motion states.

RULING ON REMAINS

Also on Wednesday, a Circuit Court judge ruled Powell, as the sole remaining child of Charity Beallis, will be the administrator of her estate and he will be responsible for the burial arrangements of his mother.

The bodies of the two children will be released to their father, Randall Beallis, for burial arrangements.

The ruling by Circuit Judge Greg Magness was filed with the Sebastian County Circuit Court Greenwood District clerk’s office Wednesday afternoon.