Supreme Court of Arkansas

John David Moore, Appellant v. Nancy Moore, Appellee — Wynne, J., Dissenting

March 10, 20162016 Ark. LEXIS 82

Summary

Justice Wynne, dissenting, agrees that the divorce decree is final and appealable but would vacate the court of appeals' dismissal and remand for reconsideration rather than resolve the property-division issues. He also contends that the majority improperly overruled longstanding active-appreciation precedent sua sponte, even though the parties disputed only whether that precedent applied to the facts. Chief Justice Brill, concurring in part and dissenting in part, likewise agrees on finality but would retain the longstanding precedent and reserve any decision to overrule it for a properly presented case.