Fewell v. Pickens

I concur in the result reached by the majority, but I write separately to point out that the first argument on appeal can be decided without resorting to statutory interpretation. The majority’s interpretation of Ark. Code Ann. § 23-68-104 (Repl. 1994) is simply unnecessary because Fewell and Floldingsco waived their rights under the statute when they entered into the 1999 Agreements with the Commissioner.

The majority takes notice of these Agreements and properly concludes that the waiver found in those agreements “extends to this case.” However, the majority fails to recognize the full…