Maloy v. Stuttgart Memorial Hospital

By a three to three vote, this court has affirmed the trial court’s decision in this case. I cannot agree with the prevailing opinion because I think the decision appealed from is clearly contrary to the preponderance of the evidence, and our decision ignores the doctrine of stare decisis by refusing to follow the law as announced by the Arkansas Supreme Court.

The prevailing opinion allows two certificates of deposit purchased by a mother to be subjected to garnishment to pay a debt owed by the mother’s daughter. Under the undisputed evidence, the mother, on the advise of an officer of the…