Opinion

Hooten v. Jensen

  • 94 Ark. App. 130
  • 227 S.W.3d 431
Court
Court of Appeals of Arkansas
Filed
Feb 8, 2006
Status
Published
Author
Robbins
On the bench
Robert J. Gladwin
Cited by
6 cases
Authority
More cited than 8.2%

The opinion

John B. Robbins, Judge, concurring. I concur in the majority’s decision to affirm this case. I write separately because I would reach the merits of Terry’s argument that Jackie unduly influenced Sammy into entering into the marriage. In light of the evidence, the trial court did not clearly err in finding no undue influence and in failing to set aside the marriage. I agree with the majority’s conclusion that none of the remaining findings were clearly erroneous.

Citing Vance v. Hinch, supra, the majority held that Terry cannot challenge the validity of the marriage because one of the parties to the marriage is deceased. However, that issue was not raised as a defense below, and we will not consider arguments that were not argued to the trial court. See Laird v. Shelnut, 348 Ark. 632 , 74 S.W.3d 206 (2002). Moreover, Jackie does not even make this argument on appeal. It is axiomatic that we refrain from addressing issues not raised on appeal. Phillips v. Earngey, 321 Ark. 476 , 902 S.W.2d 782 (1995). I submit that our review should be limited to the issues that have been raised and developed by the parties. And even if this issue were before this court, it would be unnecessary to affirm on the basis that the trial court reached the right result for the wrong reason because the reason given by the trial court was not wrong.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.