Law of the Case on Remand

“When an appellate court remands a case with specific directionsto pursue a prescribed course, a trial court has no discretion except to comply with the instructions.” People In Interest of M.D., 2014 COA 121, ¶ 18 (underscoring added). Saint John’s Church in Wilderness v. Scott, 2012 COA 72, ¶ 27 (same).

Further, as held in City of Cherry Hills Vill. v. S. Suburban Park & Recreation Dist., 219 P.3d 421, 423 (Colo. App. 2009): “An appellate court’s pronouncement on an issue in a case presented to it becomes the law of the case.”

See also Hardesty v. Pino, 222 P.3d 336, 340 (Colo. App. 2009)(“Trial courts have no discretion to disregard binding appellate rulings: ‘[t]he law of the case as established by an appellate court must be followed in subsequent proceedings before the trial court.”)(internal citation omitted).

 

2018-04-01T07:38:10+00:00 March 6th, 2018|Categories: Law of the Case|Tags: |

Postal Mail

Ricardo Barrera
5384 Davis Cup Ct.
El Paso, Texas 79932

Books

"we are vastly better off
complaining about lawyers
than complaining about
not having them" - Taleb (2018)