SUPPLEMENTAL OPINION ON DENIAL OF REHEARING
Jack Holt, Jr., Chief Justice.The appellants, National Bank of Commerce and Steve Hoffmann, request a rehearing on the basis of two perceived errors in our opinion.
First, the appellants argue that we overlooked their theory of the case upon which certain testimony, held inadmissible by the trial court, was offered.
We stated in our opinion that the appellants’ claim, that the jury was “ ‘only permitted to be informed of the tip of the iceberg’ appear [ed] to be based on appellants’ assertion that the suppressed evidence was admissible on the issue of punitive damages, i.e. to show wanton and willful conduct on the part of Dr. Woodiel and Dr. Beavers. . . .” We explained the rule of law (and made it part of our holding) that where there is no award for compensatory damages, as in this case, there can be no award for punitive damages and thus the suppression of testimony on the issue of punitive damages would, at most, constitute harmless error. See Haseman v. Union Bank of Mena, 268 Ark. 318, 597 S.W.2d 67 (1980).
The appellants rightfully point out that the appellee, Dr. Woodiel, was not included in appellants’ claim for punitive damages and that the portion of appellants’ complaint requesting punitive damages was directed against Dr. Beavers only. Appellants thus argue that our consideration of the proffered testimony on this basis was error as to Dr. Woodiel and, that we overlooked instances of suppressed testimony supporting “the allegations that Melissa Rollins was performing illegal and negligent treatment to Linda Hoffman.” Appellants claim that “[t] his was the issue (the negligence of Dr. Beavers via his unlicensed assistant Melissa Rollins) — not punitive damages.” We note that this specific argument was not raised in the appellants’ appellate brief and ordinarily we do not consider arguments on rehearing not raised on appeal. Burks Motor, Inc. v. International Harvester Co., 250 Ark. 641, 466 S.W.2d 943 (1971). Granted, the issue was raised in appellants’ complaint, which was set out in their brief, and alluded to in appellants’ statement that Dr. Woodiel testified regarding the damage that might be done if services were performed by an unlicensed assistant (such as Melissa Rollins). Since such allusions may arguably be considered as “arguments”, we will discuss the merits of the appellants’ contention.
Initially, we acknowledge that our opinion was overbroad in including both Dr. Beavers and Dr. Woodiel in our discussion of punitive damages since appellants excluded Dr. Woodiel from this part of their claim. Our discussion of the punitive damages claim and the operation of the alleged “dental mill” should have been confined to Dr. Beavers. The issue of punitive damages was not, however, our sole basis for affirming the trial court’s suppression of the testimony in question, as the appellants contend.
We stated that before reaching a determination of admissibility in support of punitive damages, “our initial, fundamental inquiry as to admissibility (of the evidence before us) must be predicated on the question of whether or not it is relevant to the events in question.” Arkansas Rules of Evidence 402 and 403, regarding relevancy, were cited, along with the appropriate standard for review that the trial court has broad discretion in decisions of admissibility, and we will not reverse its ruling absent an abuse of this discretion. Northwestern Nat’l Life Ins. Co. v. Heslip, 302 Ark. 310, 790 S.W.2d 152 (1990). In summarizing our holding on this point, we stated:
Examination of this evidence reflects that it either failed to meet the threshold test of relevancy under A.R.E. Rule 402 or, if relevant, was subject to exclusion under A.R.E. Rule 403 or that it was tendered by the appellants for the purpose of establishing the issue of punitive damages, which, as previously mentioned, is of no moment.
Clearly, we considered, as did the trial court, the threshold issue of relevancy with regard to all of the proffered testimony. Evidence proffered in support of appellants’ theory of negligence, without conforming to the rules of evidence, is not enough to warrant its admission at trial.
The appellants cite, as an example in support of their “theory”, the testimony of Dr. Woodiel in which he testified that he considered Dr. Beavers to be incompetent and that Dr. Beavers was allowing Melissa Rollins to perform illegal and negligent work on Linda Hoffmann. We again note, as we did in our opinion, that the excerpt from Dr. Woodiel’s deposition referred to by the appellants was merely quoted at length in their brief without any argument or reference as to exactly which portion of the testimony the appellants felt was wrongly excluded or the underlying rationale. The court was left to speculate as to the appellants’ exact arguments by piecing together the general citations to various rules of evidence in the brief and the information contained in the pleadings and transcript.
Furthermore, we note that some of Dr. Woodiel’s testimony at issue (as well as the majority of other “suppressed testimony”) was quoted, verbatim, in the appellants’ pre-trial brief entitled “Partial Pre-trial Brief on subjects of (A) Punitive Damages and (B) Admissions of Evidence of Greed and other Infractions in Support of Punitive Damages,” leading the trial court, as well as this court, to believe that a claim for punitive damages was the basis for the proffered testimony.
Notwithstanding these problems, the trial court properly excluded Dr. Woodiel’s testimony, as well as other testimony proffered by the appellants, on the basis of Rule 403, which states that evidence, although relevant, “may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” Dr. Woodiel’s admitted lack of expertise in the field of orthodontics, in addition to the fact that appellants called several other dentists as experts, rendered his testimony both misleading and cumulative.
The appellants also refer to “dozens of other such instances overlooked in the brief,” summarily concluding that “. . . Judge Bogard abused his discretion in suppressing (most, if not all, of) the indicated (in brief) testimony.” This broad statement does not meet the requirement of Ark. Sup. Ct. R. 20(f), which states that the petition for rehearing must “distinctly state the grounds relied upon . . . .” Moreover, this “other testimony” consists almost entirely of the testimony of former patients, assistants, and associates of Dr. Beavers who were unconnected with the treatment of Linda Hoffmann, and was thus properly excluded as irrelevant to the issues at bar.
For these reasons, we leave undisturbed our holding that the appellants’ proffered testimony was properly excluded either because it was submitted on the issue of punitive damages as to Dr. Beavers or because it was inadmissible under Rules 402 and 403.
The appellants also appear to challenge our holding with regard to the impeachment of Melissa Rollins. Appellants submit no argument but simply quote from our opinion, again, in violation of Rule 20(f) which requires distinct arguments. We thus decline to address this second point.
Petition for rehearing is denied.
Newbern, Corbin, and Brown, JJ., not participating.