BERNICE RUTLAND v. TODD C. STEWART, INDIVIDUALLY; TODD C. STEWART D.D.S., P.A.; AND ROCK DENTAL ARKANSAS, PLLC, D/B/A HELENA FAMILY DENTAL
CourtSupreme Court of Arkansas
Date FiledOctober 29, 2026
StatusPublished
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Full Opinion
Cite as 2026 Ark. 161
SUPREME COURT OF ARKANSAS
No. CV-25-36
Opinion Delivered: October 29, 2026
BERNICE RUTLAND
APPELLANT
V.
TODD C. STEWART, DISSENTING OPINION FROM THE
INDIVIDUALLY; TODD C. DENIAL OF PETITION FOR
STEWART, D.D.S., P.A.; AND ROCK REVIEW.
DENTAL ARKANSAS, PLLC, D/B/A
HELENA FAMILY DENTAL
APPELLEE
NICHOLAS J. BRONNI, Associate Justice
Citing its own precedent, the court of appeals departs from ours. Compare Rutland v.
Stewart, 2026 Ark. App. 218, at 6 (citing Jackson-Rice v. Rice, 2026 Ark. App. 84, at 3) (dismissing
an appeal under Arkansas Rule of Appellate Procedure—Civil 3(e) without analyzing
prejudice), with Mann v. Pierce, 2016 Ark. 418, at 4, 505 S.W.3d 150, 153 (requiring a prejudice
analysis before dismissal under Rule 3(e)). As Judge Wendy Wood correctly points out, this
court’s precedent allows less than perfect compliance with Ark. R. App. P.—Civil 3(e), unless
the appellee can show prejudice from the appellant’s failure to strictly comply with the rule.
Rutland, 2026 Ark. App. 218, at 7 (Wood, J., concurring) (citing Rogers v. Tudor Ins. Co., 325
Ark. 226, 231, 925 S.W.2d 395, 397). It’s a fundamental principle of law that the court of
appeals cannot overrule or ignore our precedent. But by denying this petition, the majority
allows just that. Therefore, I respectfully dissent.
Special Justice CORY COX joins.