Bone v. Bone

In a per curiam opinion the majority of this court has today dismissed the appellant’s motion asking that we stay a trial court’s change of custody order pending determination of the appeal of that order. Today’s decision is contrary to our decision in McCluskey v. Kerlen, 4 Ark. App. 334, 631 S.W.2d 18 (1982), where we granted a stay of the trial court’s award of custody pending determination of the appeal of an adoption proceeding. I dissented in McCluskey and I dissent today.

In McCluskey, a motion had been filed in the trial court seeking a stay of the enforcement of that court’s change of…