Estate of Baker v. Davis

John F. Stroud, Jr., Chief Judge,

dissenting. I agree with the majority that this matter is preserved for our review because the trial court in effect ruled on the motion by continuing with the hearing. However, I dissent from the majority opinion concerning the merits of this case because it is my view that it misapplies the clear language of Arkansas Code Annotated section 16-13-317 (Repl. 1999). Under my view of the application of this statute, the hearing in this matter was that of a posttrial motion, not that of a “contested case” as found by the majority. Moreover, I do not believe that…