Cite as 2012 Ark. App. 179 ARKANSAS COURT OF APPEALS DIVISIONS I & II No. CA11-471 Opinion Delivered February 22, 2012 APPEAL FROM THE GARLAND COUNTY CIRCUIT COURT CLAYTON COKER [DR-2010-287-III] APPELLANT HONORABLE LYNN WILLIAMS, V. JUDGE SAMANTHA HESS COKER CONCURRING OPINION ON APPELLEE DENIAL OF REHEARING DAVID M. GLOVER, Judge I concur in the denial of the petition for rehearing and write only to make clear my position that the majority opinion in this case was decided primarily on the lack of corroboration. I agree with that conclusion. There was not sufficient corroboration of any ground for divorce in this case. The dissenting opinion’s position that an affair constitutes a general indignity is certainly supported by common sense in theory, and it is a theory with which I could agree, but theoretical common-sense alone cannot trump the lack of corroborating evidence in this case. The question of whether and under what circumstances an adulterous affair could constitute grounds for divorce as a general indignity, rather than under the specific statutory ground of adultery, was left open in this case and will have to be decided in a future one.
Cite as 2012 Ark. App. 179 -2-
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