Now pending before this court is a Request for a Ruling on Pending Motion for Attorney Fees Before Mandate Issues. The Request was filed by attorneys Don Trimble and E. Dion Wilson, who represented the Lake View School District. The Request was filed on July 19, 2004, and related to their motions for attorney fees filed by the lawyers on April 22, 2004, for legal work and costs for work done on behalf of the Lake View class after January 1, 2004. Similarly, on September 8, 2004, attorney Roy C. Lewellen filed a motion for attorney’s fees and costs for legal work done on behalf of the Lake View class after January 1, 2004. We deny the motions for additional fees and costs.
On November 21, 2002, this court handed down its decision in this case and awarded $3,397,035 in attorneys fees and costs to counsel for the Lake View class. See Lake View Sch. Dist. No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002). We did so based on our previous opinion that the State of Arkansas had waived a sovereign-immunity defense by its actions. See Lake View Sch. Dist. No. 25 v. Huckabee, 340 Ark. 481, 10 S.W.3d 892 (2000). We said: *51340 Ark. at 496, 10 S.W.3d. at 901.
*50. . . We conclude that when the State of Arkansas signed off in two published notices to the class members advocating that attorneys’ fees be paid and continued to push for payment of attorneys’ fees even after the chancery court refused to sign the Agreed Order, it waived its sovereign-immunity defense to of those fees.
*51On January 1, 2004, the mandate issued in this case stating that “the parties each bear their own costs on appeal.” On January 22, 2004, we recalled the mandate. On March 11, 2004, we denied the motion of attorneys Roy C. Lewellen and Don Trimble for additional costs and attorney’s fees incurred during the following time frames:
• Expert witness costs incurred during the compliance trial in 2000;
• Additional attorney’s fees for work done between November 1, 2000, and December 31, 2003; and
• Additional attorney’s fees and costs for work done between January 1, 2004, and January 22, 2004.
We also refused to “clarify” what fees and costs might be forthcoming to counsel after January 22,2004, as requested by counsel. The second mandate in this case issued on September 9, 2004.
Attorneys Lewellen and Trimble now return to this court joined by attorney E. Dion Wilson and ask for fees and costs incurred after January 1, 2004. This court has already answered the request in part by denying Lewellen and Trimble’s previous motion on March 11, 2004. The reasoning is obvious. What occurred after January 1, 2004, was a separate matter, though the Supreme Court docket number remained the same. We cannot say that the State of Arkansas waived its sovereign-immunity defense with respect to any claims for fees and costs incurred post-January 1, 2004. Accordingly, we deny each attorney’s request.
Special Justice Carol Dalby joins.
Glaze, J., dissents.
Imber, J., not participating.