Legal Opinion · Dissent

Boyette v. Vogelpohl

Court of Appeals of Arkansas

Decided October 5, 2005No. CA 04-1153Published

1DissentWendell L. Griffen, Judge

The majority has reached a result in this case that violates the standard of review in boundary-dispute cases. This court reviews such cases de novo on the record; however, it is not to reverse unless the circuit court’s findings of fact are clearly erroneous. Robertson v. Lees, 87 Ark. App. 172, 189 S.W.3d 463 (2004). In other words, this courtis not to reverse a circuit court’s findings on a boundary-dispute case unless it “is left with a definite and firm conviction that a mistake has been committed.” Carson v. County of Drew, 354 Ark. 621, 625, 128 S.W.3d 423, 425 (2003). We do not decide…

2Cases cited17 opinions

  1. Carson v. County of DrewSupreme Court of Arkansas · 2003
  2. Summers v. DietschCourt of Appeals of Arkansas · 1993
  3. Rabjohn v. AshcraftSupreme Court of Arkansas · 1972
  4. Robertson v. LeesCourt of Appeals of Arkansas · 2004
  5. Warren v. CollierSupreme Court of Arkansas · 1978

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