Bank of Bearden v. Simpson

I dissent from the majority’s conclusion that the issue of the value received from the sale of the logging equipment must be remanded to the trial court for determination.

First, the majority has rushed to consider an issue of first impression in this state, but fails to recognize that the issue was not raised by the Simpsons before the trial court. It is all but axiomatic that we, as an appellate court, dp not consider issues where the trial court has not had an opportunity to decide them first. See, e.g., Horne Brothers, Inc. v. Ray Lewis Corp., 292 Ark. 477, 731 S.W.2d 190 (1987). The…