Akin v. First National Bank of Conway

I cannot agree with the majority decision in this case. To explain my view, it will be necessary to consider three points: (1) the law relative to reformation, (2) the standard by which we review the trial judge’s factual determination, and (3) the evidence presented to the trial judge.

The law relative to reformation

The majority decision states that parties seeking reformation “must present evidence which ‘clearly and convincingly’ warrants a finding that a mutual mistake occurred.” While this statement is not incorrect, it is not as descriptive as the language actually used by the appellate…