Cooper Communities, Inc. v. Circuit Court

I respectfully dissent. In reaching ce, decision, the majority court cites Fulkerson v. Thompson, 334 Ark. 317, 974 S.W.2d 451 (1998), but then misapplies that case’s holding. In Fulkerson, we reiterated the established rule that whatever is before the supreme court and disposed of in the exercise of its appellate jurisdiction must be considered settled, and the lower court must carry that judgment into execution according to its mandate. The Fulkerson holding further cited Carroll Elec. Coop. v. Benson, 319 Ark. 68, 889 S.W.2d 756 (1994), for the proposition that a trial court has no power…