Legal Opinion · Dissent

QHG of Springdale, Inc. v. Archer

Court of Appeals of Arkansas

Decided October 21, 2009No. CA 07-1115Published

1DissentWaymond M. Brown, Judge

The majority begins its opinion with a proverb about the need for a yoke of oxen to pull a piece of paper out of a court. Yet, the only ones that might use that yoke are the members of the majority. The jury was able to listen to the evidence, deliberate, and reach a verdict. This verdict was supported by the evidence presented, and there is absolutely no reason for this court to remand this case for trial before a second jury. Therefore, I must respectfully dissent.

I begin with what is noticeably absent from the majority’s opinion: a discussion of this court’s standard of review. QHG appeals…

2Cases cited10 opinions

  1. Ethyl Corp. v. JohnsonSupreme Court of Arkansas · 2001
  2. Bank of America, N.A. v. C.D. Smith Motor Co.Supreme Court of Arkansas · 2003
  3. Switzer v. Shelter Mutual InsuranceSupreme Court of Arkansas · 2005
  4. Home Mutual Fire Insurance v. JonesCourt of Appeals of Arkansas · 1998
  5. Luedemann v. WadeSupreme Court of Arkansas · 1996

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