Tonia Ingle, Appellant v. Arkansas Department of Human Services, Appellee — Corbin, J., Dissenting

Summary

Justice Corbin, dissenting, concluded that the circuit court lacked subject-matter jurisdiction to entertain the Department’s emergency-hearing petition after the appellate mandate directed the return of custody and had been filed below. He would have dismissed the appeal because an appellate court likewise lacks jurisdiction when the circuit court acted without jurisdiction. Justice Hart, concurring, disputed that conclusion, maintaining that the dependency-neglect proceeding remained ongoing and that the circuit court retained authority to address new concerns under the juvenile code.