Warren v. Warren

Perhaps the least guarded secret in the review of chancery court cases is that appellate courts say the review is “de novo” when they plan to reverse, modify, or affirm the decree on grounds other than those stated by the chancellor.1 If the case is to be affirmed, then the emphasis is upon the language which has been codified by the parenthetical addition in Ark. R. Civ. P. 52 which says “[findings of fact shall not be set aside unless clearly erroneous (clearly against the preponderance of the evidence) . . . .” In the law review article cited by the majority opinion, Mr. Cox and I…