MacI Lynn Dickson v. Isaac Franklin Cook

2021 Ark. App. 196

• Court: Court of Appeals of Arkansas
• Decided: April 28, 2021
• Status: Published

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.