447 So. 2d 778 - Erbe v. Eady’s Empirical Analysis

Citation profile

17 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When a case is remanded to a trial court after a decision on appeal, ‘issues decided by the appellate court become law of the case and the trial court’s duty is to comply with the appellate mandate....’ Walker v. Carolina Mills Lumber Co., 441 So.2d 980, 982 (Ala.Civ.App.1983). The trial court is not free to reconsider issues finally decided in the mandate. Instead, “ ‘[i]f circumstances arise that cast doubt on the correctness of the law of the case as established on appeal, arguments in support of departure from the mandate must be addressed to the appéllate court,....’ “1B Moore’s Federal Practice ¶ 0.404[10] (2d ed.1983) (citations omitted).””

   2 later decisions quote this exact passage · from the majority
   e.g. Quimby v. Memorial Parks, Inc. · Fort James Operating Co., Inc. v. Irby

2. “'[i]f circumstances arise that cast doubt on the correctness of the law of the case as established on appeal, arguments in support of departure from the mandate must be addressed to the appellate court, . . .' 1B Moore's Federal Practice , Paragraph 0.404[10] (2d ed. 1983) (citations omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. Auerbach v. Parker