Opinion
No. 73-282
Opinion delivered March 25, 1974 [Rehearing denied April 29, 1974.]
APPEAL ERROR — DISPOSITION OF CAUSE — PRIOR APPEAL AS LAW OF THE CASE. — Matters decided on a second appeal became the law of the case, and upon remand for the chancellor's decision as to where the preponderance of the evidence lay, the chancellor's decision was conclusive upon the only issue left open by the Supreme Court's opinion upon the second appeal.
Appeal from Arkansas Chancery Court, Northern District, Gene Baim, Chancellor; affirmed.
Milton G. Robinson, for appellant.
Macom, Moorhead Green, by: Wm. M. Moorhead, for appellees.
This is the third appeal in a suit to determine whether certain real property was owned by two brothers as partners or by only one brother individually. Upon the second appeal it did not appear that the chancellor had considered the entire record in deciding disputed issues of fact. We found the evidence to be so evenly balanced that we could not say where the preponderance lay. We therefore remanded the case for the chancellor's decision upon that point, on the entire record but without additional testimony. Wilson v. Rodgers, 254 Ark. 487, 494 S.W.2d 484 (1973).
Pursuant to our mandate the chancellor re-examined the issues and concluded that the preponderance of the evidence favors the appellees. Counsel for the appellant now asks us to reconsider all the arguments that were presented upon the second appeal. We must decline that invitation. No principle is more firmly settled by our decisions than the rule that the matters decided upon one appeal become the law of the case and govern this court upon a second appeal, even though we might be inclined to say that we were wrong in the first instance. International Harvester Co. v. Burks Motors, 252 Ark. 816, 481 S.W.2d 351 (1972). It follows that the chancellor's decision is now conclusive upon the only issue that was left open by our opinion upon the second appeal. That ends the litigation.
Affirmed.