Page:Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002).pdf/53

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Ark.]
Lake View Sch. Dist. No. 25 v. Huckabee
Cite as 351 Ark. 31 (2002)
83


a. 1994 Order As Law of the Case

[27] Lake View first claims that law of the case, res judicata, laches, estoppel, and Ark. R. Civ. P. 60 should have been applied by the trial court at the compliance trial. Lake View, however, fails to discuss or develop the latter four doctrines in its brief on appeal.[1] It is incumbent on an appellant to develop issues for purposes of appeal, as we will not consider assignments of error that are unsupported by convincing legal authority or argument. See Porter v. Harshfield, 329 Ark. 130, 948 S.W.2d 83 (1997). Accordingly, this court will only address the point raised regarding law of the case.

[28, 29] Last term, this court discussed the doctrine of law of the case:

The venerable doctrine of law of the case prohibits a court from reconsidering issues of law and fact that have already been decided on appeal. The doctrine serves to effectuate efficiency and finality in the judicial process. Frazier v. Fortenberry, 5 Ark. 200 (1843); see also, 5 Am. Jur. 2d Appellate Review § 605 (1995). We have said the following with regard to the law-of-the-case doctrine:

The doctrine provides that a decision of an appellate court establishes the law of the case for the trial upon remand and for the appellate court itself upon subsequent review. Kemp v. State, 335 Ark. 139, 983 S.W.2d 383 (1998). On the second appeal, the decision of the first appeal becomes the law of the case, and is conclusive of every question of law or fact decided in the former appeal, and also of those which might have been, but were not, presented. Griffin v. First Nat'l Bank, 318 Ark. 848, 888 S.W.2d 306 (1994).

Clemmons v. Office of Child Support Enforcement, 345 Ark. 330, 346, 47 S.W. 3D 227, 237 (2001).

Cadillac Cowboy, Inc. v. Jackson, 347 Ark. 963, 970, 69 S.W.3d 383, 388 (2002). In Jackson, we made it clear that the doctrine


  1. Lake View does make one conclusory allegation regarding Rule 60: "Rule 60 prevented the [S]tate . . . from seeking modification, amendment, or nullification of any part of the 1994 [O]rders[.]"