Supreme Court of Arkansas
Nathan Leroy Poff, Jr. John Lawrence Poff and Jennifer Poff Talley v. Carolyn Sue (poff) Peedin
March 18, 20102010 Ark. LEXIS 164
Summary
The court held that appeals from bench trials, including bench trials in declaratory-judgment actions, are reviewed under the clearly erroneous standard. It further held that declaratory-judgment actions do not have a single universally applicable standard; the standard depends on the issue and underlying basis for review. The certified question was answered and the matter was remanded to the court of appeals. Danielson, J., concurring, agreed that the applicable standard must be selected according to the issue actually presented and that no blanket standard governs all declaratory-judgment actions.