Beatty v. Haggard

I respectfully dissent from the decision reached by the majority and would affirm the trial court’s decision. I agree with the majority that the burden of proof is the clear and convincing standard articulated in Riley v. Hoisington, 80 Ark. App. 346, 96 S.W.3d 743 (2003). However, I think the decision is affirmable under that authority.

Once we determine that the appropriate burden of proof was placed on the appellant at the trial court level, we review the trial court’s decision under the clearly erroneous standard of review. Burdette v. Madison, 209 Ark. 314, 719 S.W.2d 418 (1986). We do…