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Trial Court Must Follow Appeals Court Instruction
Description Upon reversal by supreme court and remand to trial court, the trial court allowed parties to enter new pleading, which trial court granted. On second appeal to supreme court, it held that a trial court must follow the remand order and may not allow new pleadings.
Topic Court Procedure
Key Words Appeal and Error; Trial Court Authority; Remand Jurisdiction
C A S E   S U M M A R Y
Facts Parties to case involving a contractual dispute. Trial court had held for plaintiff, finding there to be a contract; the Supreme Court reversed in favor of defendant and remanded to trial court for entry of an order consistent with that decision. Trial court then allowed plaintiff to amend complaint, claiming unjust enrichment. Defendant appealed again.
Decision Reversed. The trial court exceeded its authority by hearing the unjust enrichment claim for the first time after the case had been remanded. A trial court must implement both the letter and spirit of the mandate of an appellate court. In a remanded action, the trial court is vested with jurisdiction only to the extent conferred by the appellate court's opinion. After remand, the trial court may not hear new causes of action or defenses inconsistent with first opinion.
Citation Dolphin v. Wilson, -SW2d- (1998 WL 784673, Sup. Ct., Ark.)
or
983 S. w. 2d 113 (Sup. Ct., Ark., 1998)

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