Arkansas Lottery Commission, Ernie Passailaigue v. Alpha Marketing — Baker, J., Dissenting

Summary

Justice Baker's dissent would hold that the sovereign-immunity issue was preserved for appellate review because the issue was raised in the motion to dismiss, briefing, and hearing, and the circuit court's written order stated that it considered those materials and denied the motion. She would therefore reach the merits rather than affirm on preservation grounds. Justice Brown and Chief Justice Hannah separately dissented, likewise concluding that the circuit court decided the sovereign-immunity issue and that the majority imposed an unwarranted formalistic requirement.