Legal Opinion · Dissent

Bishop v. Singletary

Court of Appeals of Arkansas

Decided June 19, 2013No. CV-12-751Published

1Dissent

RHONDA K. WOOD, JUDGE,

dissenting.

|flThe majority decision is wrong for two primary reasons. First, it does not apply controlling supreme court precedent. Second, it removes custody decision-making from the circuit court, transforming a question of fact into a question of law, all the while overlooking some important policy considerations. Therefore, I dissent.

1. The Majority Opinion Violates Stare Decisis

Our supreme court has already addressed the issues involved in the current case in a previous, factually-indistinguishable case. See Lewellyn v. Lewellyn, 351 Ark. 346, 93 S.W.3d 681 (2002).…

2Cases cited4 opinions

  1. Lewellyn v. LewellynSupreme Court of Arkansas · 2002
  2. Chamberlin v. State Farm Mutual Automobile InsuranceSupreme Court of Arkansas · 2001
  3. Rice v. RagsdaleCourt of Appeals of Arkansas · 2009
  4. Chastain v. ChastainCourt of Appeals of Arkansas · 2012

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