Estate of Baker v. Davis
Court of Appeals of Arkansas
1DissentLarry Vaught, Judge
I dissent from the decision to reverse without reaching the interpretation of Ark. Code Ann. § 16-13-317, because I believe that the objection to venue was waived. Appellant did not obtain a ruling on her objection, and the burden of obtaining such a ruling is on the movant, and any matters left unresolved are waived and may not be relied upon on appeal. McElroy v. Grisham, 306 Ark. 4, 810 S.W.2d 933 (1991). The failure to obtain a ruling from the trial court constitutes a waiver of the issue on appeal. Gatlin v. Gatlin, 306 Ark. 146, 811 S.W.2d 761 (1991). The appellate court will not review…
2Cases cited5 opinions
- McElroy v. GrishamSupreme Court of Arkansas · 1991
- Gatlin v. GatlinSupreme Court of Arkansas · 1991
- Danzie v. StateSupreme Court of Arkansas · 1996
- City of Monticello v. KimbroSupreme Court of Arkansas · 1943
- McMahan v. BerrySupreme Court of Arkansas · 1994