Legal Opinion · Concurrence

Certain Underwriters at Lloyd's, London v. Bass

Supreme Court of Arkansas

Decided April 23, 2015No. CV-14-788Published

1ConcurrenceJosephine Linker Hart, Justice

I concur in the result, but write separately for two reasons. First, I disagree with the majority’s conclusión that the proper standard of review should be de novo. Second, the majority fails to address all’ of the reasons why the circuit court denied the Underwriters’ motion to intervene.

The standard of review should be abuse of discretion. It is black-letter law that judicial discretion means:

| ^discretion bounded by rules and principles of law, and not arbitrary, capricious, or unrestrained. It is not the indulgence of judicial whim, but the exercise of judicial judgment, based on facts…

2Cases cited28 opinions

  1. The Ballard Grp. Inc. v. BP Lubricants USA Inc.Supreme Court of Arkansas · 2014
  2. Cammack v. ChalmersSupreme Court of Arkansas · 1984
  3. Goodwin v. HarrisonSupreme Court of Arkansas · 1989
  4. Little Rock Wastewater Utility v. Larry Moyer Trucking, Inc.Supreme Court of Arkansas · 1995
  5. Cheqnet Systems, Inc. v. MontgomerySupreme Court of Arkansas · 1995

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