Weidrick v. Arnold

I respectfully dissent from the Court’s holding today for three reasons: (1) this issue was decided eight years ago and today’s overruling of Jackson v. Ozment, 283 Ark. 100, 671 S.W.2d 736 (1984) significantly detracts from the doctrine of stare decisis; (2) the Court today violates the separation of powers of the Arkansas Constitution when it holds that a court-imposed Rule of Civil Procedure preempts a statute enacted by the legislature after the court promulgated the Rules; and (3) the Court misconstrues the application of Ark. R. Civ. P. 81(a) to Ark. Code Ann. § 16-114-204 (1987). I…