Supreme Court of Arkansas

Linda Lamontagne v. Arkansas Department of Human Services and S.s. — Wills, J., Concurring

April 22, 20102010 Ark. LEXIS 220

Summary

The concurring opinion explains that Arkansas’s historical practice of reviewing equity cases de novo without requiring objections below no longer permits appellate consideration of issues first raised on appeal. It emphasizes that the appellant failed to object when the trial court applied an outdated statutory preference in awarding permanent custody, and that the issue therefore was not preserved. The concurrence also notes that Arkansas does not conduct plain-error review in this context.