Holliman v. Johnson’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The exclusive jurisdiction in cases involving trusts, and the construction, interpretation, and operation of trusts are matters within the jurisdiction of the courts of equity. Rose v. Rose, 2013 Ark. App. 256 , 427 S.W.3d 698 ; Winchel v. Craig, 55 Ark. App. 373 , 934 S.W.2d 946 (1996). Arkansas appellate courts have traditionally reviewed matters that sounded in equity de novo on the record with respect to factual and legal questions. Rose, supra; In re Ruby G. Owen Trust, 2012 Ark. App. 381 , 418 S.W.3d 421 . A finding by a circuit court in an equity case will not be reversed unless it was clearly erroneous. Id. Cason v. Lambert, 2015 Ark. App. 41, at 4 , 454 S.W.3d 250, 253-54 [A] finding of fact by a trial court sitting in an equity case is clearly erroneous when, despite supporting evidence in the record, the appellate court viewing all the evidence is left with a definite and firm conviction that a mistake has been committed. Id. We also give due deference to the superior position of the chancellor or circuit • court to view and judge the credibility of the witnesses. Id. In re Estate of Thompson, 2014 Ark. 237, at 6 , 434 S.W.3d 877 , 881”

   1 later decision quote this exact passage
   e.g. 2016 Ark. App. 390 - Scott v. Scott