Legal Opinion · Dissent

Vigneault v. Vigneault

Court of Appeals of Arkansas

Decided October 27, 2010No. CA 09-1217Published

1DissentJosephine Linker Hart, Judge

How can anything so wrong end up so right? I agree with the majority — and Mr. Vigneault — that the trial court erred in improperly using the child-support chart to fix the amount of alimony. Given that the alimony award was based on such a fundamental error, this case should have been reversed and remanded to the trial court. It is axiomatic that appellate jurisdiction does not permit this court to retry cases or make findings of fact. Farmers Union Mut. Ins. Co. v. Robertson, 2010 Ark. 241, 370 S.W.3d 179; Looper v. Madison Guar. Sav. & Loan Ass’n, 292 Ark. 225, 227-28, 729 S.W.2d 156, 157…

2Cases cited3 opinions

  1. Looper v. Madison Guaranty Savings & Loan Ass'nSupreme Court of Arkansas · 1987
  2. Farmers Union Mutual Insurance Co. v. RobertsonSupreme Court of Arkansas · 2010
  3. Boudreaux v. BoudreauxCourt of Appeals of Arkansas · 2009

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