Arkansas Court of Appeals, 2021

MacI Lynn Dickson v. Isaac Franklin Cook

MacI Lynn Dickson v. Isaac Franklin Cook
Arkansas Court of Appeals · Decided April 28, 2021
2021 Ark. App. 196

MacI Lynn Dickson v. Isaac Franklin Cook

Opinion

Cite as 2021 Ark. App. 196 Elizabeth Perry I attest to the accuracy and ARKANSAS COURT OF APPEALS integrity of this document DIVISION IV 2023.06.26 15:48:10 -05'00' No. CV-20-200 2023.001.20174 MACI LYNN DICKSON Opinion Delivered: April 28, 2021 APPELLANT APPEAL FROM THE BENTON COUNTY CIRCUIT COURT V. [NO. 04DR-19-1373] ISAAC FRANKLIN COOK HONORABLE JOHN R. SCOTT, JUDGE APPELLEE APPEAL DISMISSED

STEPHANIE POTTER BARRETT, Judge Appellant Maci Dickson appeals the Benton County Circuit Court’s dismissal of her complaint for divorce against appellee Isaac Cook. Appellant filed a complaint for divorce from a covenant marriage under Arkansas Code Annotated § 9-11-808(a)(4) (Repl. 2020).

Appellee filed a motion to dismiss, alleging that the parties had not been separated a sufficient length of time to satisfy Arkansas Code Annotated § 9-11-808(5)(B)(i). The circuit court granted the motion to dismiss, and Dickson appeals.

However, during the pendency of the appeal, the appellant filed a new, independent complaint for divorce in Benton County Circuit Court Case No. 04-DR-20-1181-4. That divorce was granted on September 3, 2020. To determine this issue in this case would be the equivalent of issuing an advisory opinion, which our courts are prohibited from doing.

Waldrip v. Davis, 40 Ark. App. 25, 842 S.W.2d 49 (1992). Since the resolution of the appellant’s issue would have no effect on the instant case and since we do not issue advisory opinions, we dismiss the appeal.

Appeal dismissed.

GLADWIN and HIXSON, JJ., agree.

Rhoads & Armstrong, PLLC, by: Mary Goff, for appellant.

Bailey and Oliver Law Firm, by: Charles W. Pearce, for appellee.

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