Friday, October 9, 2026

Opinion highlights for the week of October 4, 2026

 


Several interesting decisions were handed down this week.  The Arkansas Court of Appeals issued 26 opinions on Wednesday, October 7, 2026; the Arkansas Supreme Court issued 5 opinions on the merits on Thursday, October 8, 2026.  We'll note a couple of Supreme Court opinions and three from the Court of Appeals.

A justice on the Arkansas Supreme Court explained why she would not recuse, despite a motion that she do so, in Old Dominion Freight Line v. McMillion, 2026 Ark. 145.  The opinion considers a judge's past relationship with an attorney appearing in the appeal.  I won't discuss the facts here, but this opinion is worth your time to understand how such recusal requests are addressed.

In Spaar v. State, 2026 Ark. 142, Spaar challenged the sufficiency of the evidence supporting his convictions.  The majority opinion found that his directed verdict motions below did not challenge specific elements of the offenses, so his challenge to specific elements on appeal were not preserved - "that alone is grounds for denying his claims." Id. at 3.  But then, the majority proceeded to address the merits of Spaar's claims.

The concurring opinion agreed that Spaar did not preserve his sufficiency challenges, but observed that the majority should have stopped there.

Once that conclusion resolves the appeal, there is no reason to decide whether Spaar’s claims would also fail on the merits. Doing so provides an answer to a question we need not decide (i.e., an advisory opinion). Judicial restraint counsels that we stop when our work is done.

Id. at 8.

Turning to the Court of Appeals decisions, Hermes v. Beene, 2026 Ark. App. 468, involved an order finding the Hermes in contempt of a preliminary injunction.  They did not appeal the injunction entered February 21, 2025; rather, they appealed the contempt order entered June 18, 2025.  Their timely notice of appeal designated the contempt order as the order appealed from.

The Arkansas Court of Appeals concluded that the Hermes' appeal properly involved the contempt order, not the original injunction - the latter order was not timely appealed and was not designated in the notice of appeal.  Thus, two of their points on appeal, to the extent they sought review of the injunction, were not properly before the court.

Little Rock School District v. Robinson, 2026 Ark. App. 472, contains a reminder that, as with issues or arguments raised for the first time in reply briefs, issues raised for the first time in oral argument will not be considered on appeal. Id. at 6 n.5.

Finally, Tolbert v. Arkansas Department of Human Services, 2026 Ark. App. 477, touches on the mythical Wicks exceptions.  This is a termination of parental rights case.  Tolbert argued that the trial court failed to ensure that she received reasonable accommodations under the ADA.  But this argument was not raised below, much less ruled on by the trial court.  Tolbert argued that it should be considered under the third Wicks exception (involving the trial court's duty to intervene to correct serious errors).  But past precedent rejected this argument, so Tolber's argument was not preserved for appeal.

Thank you for reading.

Tuesday, October 6, 2026

Opinion highlights for the week of September 27, 2026

 


The Arkansas Court of Appeals handed down nineteen opinions on September 30, 2026; the next day, the Arkansas Supreme Court issued ten opinions.  Two opinions are noted here, one from each court.

The Supreme Court decision is Simpson v. Porter, 2026 Ark. 127.  The court discovered a citation to a nonexistent case in a pro se petition for a writ of mandamus.  This caused some concern that the case was "hallucinated by artificial intelligence." Id. at 1.  Citation of a nonexistent case is a dereliction of the duty imposed by Ark. R. App. P.-Civ. 11(a).  The petitioner was ordered to either produce the case or provide good cause for why he should not be sanctioned.

Turning to the Court of Appeals, Jefferson v. Scott Equipment Co., 2026 Ark. App. 456 deserves mention.  The trial court granted Scott Equipment's motion for summary judgment by a "blanket" order finding that no genuine issues of material fact existed.

On appeal, Jefferson did not specifically address all of Scott Equipment's arguments.  This was fatal to his appeal.  The trial court's blanket ruling, under applicable precedent, encompassed the issues presented to the trial court by the parties' briefs and arguments.  "In other words, with this blanket ruling, the circuit court is deemed to have accepted all the arguments advanced by" Scott Equipment. Id. at 16.

The Court of Appeals then applied the rule "that when the circuit court bases its decision on two independent grounds and an appellant only challenges one ground on appeal, this court will affirm without addressing the merits of either argument." Id. at 17.  Because Jefferson did not challenge every independent ground raised by Scott Equipment, which the trial court accepted by its "blanket ruling," the Court of Appeals summarily affirmed.

Thanks for reading.

Monday, September 28, 2026

Appellate Law Section meeting


The Arkansas Bar's Appellate Law Section met this afternoon in an hour-long Zoom call.
There seemed to be a consensus that the section should host an appellate CLE program next April at the Justice Building in Little Rock. Several ideas for sessions were mentioned: a presentation by the Clerk of the Court's office on common mistakes, a panel of appellate judges similar to those hosted at the 2023 Annual Meeting, a speaker from the Attorney General's Office to address their appellate strategy and practice, a comparison of Arkansas and Eighth Circuit practice and rules, and so forth.  Stay tuned!
Turning to the section's budget, funds were allocated to the CLE program for the 2026-2027 year. Assuming that a CLE program would be hosted every other year, funds for the 2027-2028 year were allocated to planning and sponsoring a program at the 2028 annual meeting. The idea would be to attract a known speaker of some national reputation.
Finally, a new secretary was elected, completing the list of officers for the 2026-2027 year. Tory Lewis will serve as Chair; Frank Arey will serve as Chair-Elect; and Noah Watson was elected Secretary.
If you have ideas for that CLE program, please let us hear from you.