Page:Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002).pdf/7

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Ark.]
Lake View Sch. Dist. No. 25 v. Huckabee
Cite as 351 Ark. 31 (2002)
37

is the reservoir of all power not relinquished to the federal government or prohibited by the state constitution.

  1. CONSTITUTIONAL LAW—SEPARATION OF POWERS—TRIAL COURT HAD NO POWER TO ORDER IMPLEMENTATION OF PRE-SCHOOL EDUCATION.—The trial court had no power to order the implementation of pre-school education; the courts cannot mandate pre-school education as an essential component of an adequate education; that is for the General Assembly and the school districts to decide.
  2. APPEAL & ERROR—UNSUPPORTED ASSIGNMENTS OF ERROR—NOT CONSIDERED.—It is incumbent on an appellant to develop issues for purposes of appeal; the supreme court will not consider assignments of error that are unsupported by convincing legal authority or argument.
  3. APPEAL & ERROR—LAW-OF-CASE DOCTRINE—SERVES TO EFFECTUATE EFFICIENCY & FINALITY IN JUDICIAL PROCESS.—The 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; 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; 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 that might have been, but were not, presented.
  4. APPEAL & ERROR—LAW-OF-CASE DOCTRINE—DOES NOT APPLY IF THERE IS MATERIAL CHANGE IN FACTS.—The doctrine of law of the case governs issues of law and fact concluded in the first appeal; the doctrine is conclusive only where the facts on the second appeal are substantially the same as those involved in the prior appeal; thus, it does not apply if there is a material change in the facts.
  5. APPEAL & ERROR—LAW-OF-CASE DOCTRINE—1994 TRIAL COURT ORDER NOT BINDING ON TRIAL COURT IN 2001.—Where the 1994 order in the case was not appealed, and where there had been a material change in the school-funding landscape between the time of the 1994 order and the trial court's 2001 order, with the passage of legislative acts in 1995 and 1997, as well the adoption of Amendment 74 to the Arkansas Constitution, the supreme court held that the 1994 trial court order, while instruc-
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