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DOWNUM v. DOWNUM

No. CA 07-533.

274 S.W.3d 349 (2008)

Tana Rachelle DOWNUM, Appellant, v. Brad Don DOWNUM, Appellee.

Court of Appeals of Arkansas.

February 6, 2008.

Attorney(s) appearing for the Case

Cullen & Co., PLLC, by: Tim Cullen and Kami S. Wentz, Little Rock, AR, for appellant.

Woodard Law Firm, PLC, by: Ernie Woodard, Springdale, AR, for appellee.

D.P. MARSHALL JR., Judge.

This divorce case is about custody and relocation. The dispositive question presented is whether the circuit court erred in concluding that Ms. Downum committed a constructive fraud—an innocent misrepresentation by silence that justified the court vacating the custody provision of the Downums' agreed divorce decree. Convinced that the record contains insufficient evidence of a constructive fraud, we reverse and remand.

I....

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