Legal Opinion · Dissent

Koonce v. Mitchell

Supreme Court of Arkansas

Decided June 22, 2000No. 99-650Published

1DissentAnnabelle Clinton Imber, Justice

I disagree tireversing cdismissing e, case without prejudice. In short, I would affirm the chancellor because the point this court reverses on is that the chancellor erred by failing to join the record owner of the fifteen-foot disputed strip of land. First, there is only one brief filed in the case and it does not argue the necessary-party issue on appeal; nor can I locate in the record that this necessary-party issue was ever presented to the trial court. I am unaware of any legal authority that gives this court authority to raise a necessary-party issue for the first time on appeal.…

2Cases cited2 opinions

  1. Welch v. BurtonSupreme Court of Arkansas · 1952
  2. Cash v. Citizens BankSupreme Court of Arkansas · 1982

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