Opinion
CA05-148
Opinion Delivered December 14, 2005
Appeal from the Franklin County Circuit Court, [No. E-01-126(II)], Honorable Stephen C. Gardner, Judge, Supplemental Opinion Upon Denial of Rehearing.
Appellants David G. Coffee and Kelly Lynn Coffee have filed a petition seeking a rehearing of their appeal following our affirmance of November 9, 2005. Although we deny their petition, we supplement our majority opinion to briefly address appellants' contention that we have ignored their constitutional rights under the Due Process Clause of the Fourteenth Amendment. See Troxel v. Granville, 530 U.S. 57 (2000).
While we will not express an opinion as to the disposition of their appeal had this issue been properly presented to us, we remind appellants and the bar that, on appellate review, issues of even constitutional dimension are waived if not presented to the trial court and a ruling obtained. See London v. State, ___ Ark. ___, 125 S.W.3d 813 (Oct. 9, 2003); Taylor v. Taylor, 345 Ark. 300, 47 S.W.3d 222 (2001); Warnock v. Warnock, 336 Ark. 506, 988 S.W.2d 7 (1999); Dansby v. Dansby, ___ Ark. App. ___, ___ S.W.3d ___ (June 30, 2004); Tipton v. Aaron, ___ Ark. App. ___, ___ S.W.3d ___ (June 16, 2004). In the instant case, this constitutional argument was not raised before the trial court, nor was it even raised by appellants in their briefs before us. It is now raised for the first time in a petition for rehearing. It comes too late, and we would violate a fundamental appellate rule to decide such issue.
Rehearing denied.
PITTMAN, C.J., HART, GLADWIN, GLOVER, and VAUGHT, JJ., agree.
NEAL, CRABTREE, and BAKER, JJ., would grant.