dissenting. Although I agree with that part of the majority opinion which addresses Mr. Littles’s unclean-hands argument, I must respectfully dissent from that part of the opinion which addresses the modification of future child support. Neither party, either below or on appeal, has ever cited or argued Ark. Code Ann. § 9-10-115(d) (Supp. 1995), upon which the majority relies to reverse the Chancellor’s order denying Mr. Littles’s petition to modify the child-support award. Rather, the majority has sua sponte reversed on a ground not argued by appellant. In Cummings v. Boyles, 242 Ark. 923, 415 S.W.2d 571 (1967) (Supp. op. den. reh’g) (per curiam), this court reiterated that, although chancery cases are tried de novo, we do not reverse an order upon a statutory ground not argued by appellant. See also Country Gentleman, Inc. v. Harkey, 263 Ark. 580, 569 S.W.2d 649 (1978). Mr. Littles failed to cite or argue section 9-10-115(d), and thereby waived that point for reversal. The observation made by this court in Fancher v. Baker, 240 Ark. 288, 399 S.W.2d 280 (1966), is equally applicable to this case: “Not one line of the brief is devoted to that point[.]”
In any event, the majority’s application of section 9-10-115(d) to this case ignores that statute’s requirement that the previous finding of paternity must be set aside before the “adjudicated” father is entitled to relief from future child-support obligations: “the court shall, upon the request of an adjudicated or presumed father, set aside a previous finding of paternity and relieve the adjudicated or presumed father of any future obligation of support . . . .” Ark. Code Ann. § 9-10-115(d) (Supp. 1995) (emphasis added). In fact, the majority properly notes that the parties have not asked this court to reconsider Flemings I, in which we held that the chancellor lacked authority to set aside the 1982 paternity judgment. I agree with the majority that “the paternity judgment remains extant, and Mr. Littles remains the adjudicated father of Ms. Foster’s daughter.” Flemings I is the law of the case and the parties have not asked us to reconsider the Flemings I decision. See Vandiver v. Banks, 331 Ark. 386, 962 S.W.2d 349 (1998) (decision on first appeal is conclusive of every question of law or fact decided on former appeal); Larimore v. State, 317 Ark. 111, 877 S.W.2d 570 (1994) (same).
Pursuant to section 9-10-115(d), the previous finding of paternity must be set aside in order for Mr. Littles to be entitled to relief from future child-support obligations. Mr. Littles’s previous paternity judgment should not be and is not set aside by the majority opinion. Therefore, Mr. Littles is not entitled to relief from future child-support obligations under the plain language of section 9-10-115(d).
Because I would affirm the Chancellor’s order denying Mr. Littles’s petition to modify the child-support award, I must respectfully dissent.
Glaze, J., joins in this dissent.