Legal Opinion · Dissent

Elliott v. Boone County Independent Living, Inc.

Court of Appeals of Arkansas

Decided March 5, 1997No. CA 96-18Published

1DissentWendell L. Griffen, Judge

A good law is one that holds, whether you recognize it or not; a had law is one that cannot, however much you ordain it. — John Ruskin

Today a majority of our Court has decided to disregard a good law, yet ordain one that stands 140 years of Arkansas precedent on its head; one that contravenes the overwhelming body of American jurisprudence regarding the shifting of attorney’s fees, overrules a decision of this very court in a case direcdy on point, ignores an eighty-year-old decision by the Arkansas Supreme Court, and cannot be rationally justified alongside the rest of Arkansas law on…

2Cases cited11 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. City of Hot Springs v. CrevistonSupreme Court of Arkansas · 1986
  3. Damron v. University Estates, Phase II, Inc.Supreme Court of Arkansas · 1988
  4. Millsap v. LaneSupreme Court of Arkansas · 1986
  5. Fausett Builders, Inc. v. Globe Indemnity Co.Supreme Court of Arkansas · 1952

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