Powell v. Lane

Because I do not agree that the default judgment entered in the paternity action has preclusive effect under the doctrine of collateral estoppel, I respectfully dissent.

As the majority points out, one required element of collateral estoppel is that the issue sought to be precluded must have been “actually litigated.” “The question of whether an issue has been previously litigated is interpreted very narrowly for purposes of collateral estoppel.” In re Estate of Goston v. Ford Motor Co., 320 Ark. 699, 705, 898 S.W.2d 471, 473 (1995) (citing Smith v. Roane, 284 Ark. 568, 683 S.W.2d 935 (1983)).…