Metcalf v. Texarkana School District

Unfortunately, the arguments in this case on appeal were refined and honed so that the arguments below, which may have had validity, are not properly before us. Thus, I must reluctantly concur in the result in this case. However, I write separately because there are serious issues that need to be mentioned.

Appellants conceded on appeal that the case of McCaskill v. Ft. Smith Public School District, 324 Ark. 488, 921 S.W.2d 945 (1996), was the law of the land and that the trial judge was bound to follow it. In making this concession, the parties abandoned several of the issues that they had…