959 So. 2d 620 - Ex Parte Queen’s Empirical Analysis
2006
Citation profile
19
cited by 19 later decisions
1
states following
February 2018
most recently cited
19 state decisions
Relationships
Relies on Ex Parte United Service Stations, Inc. · 439 So. 2d 137 - Peebles v. Miley · 431 So. 2d 151 - Ex Parte Alabama Power Co. · Kinney v. White · Ex Parte Ziglar
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In Ex parte Edwards, [ 727 So.2d 792 (Ala.1998),] this Court held that when an appellate court remands a case, the trial court does not have the discretion to conduct a new trial or an evidentiary hearing. 727 So.2d at 794-95 . Instead, after a case is remanded, the trial court may enter ‘ “ ‘[n]o judgment other than that directed or permitted by the reviewing court.... The appellate court’s decision is final as to all matters before it, becomes the law of the case, and must be executed according to the mandate, without granting a new trial or taking additional evidence.’ ” ’ Id. at 794 (quoting Ex parte Alabama Power Co., 431 So.2d 151 (Ala.1983), quoting in turn 5 Am.Jur.2d Appeal & Error § 991 (1962)).””
4 later decisions quote this exact passage“" ' "The writ of mandamus is a drastic and extraordinary writ, to be 'issued only when there is: 1) a clear legal right in the petitioner to the order sought; 2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; 3) the lack of another adequate remedy; and 4) properly invoked jurisdiction of the court.' Ex parte United Serv. Stations, Inc. , 628 So.2d 501 , 503 (Ala. 1993) ; see also Ex parte Ziglar , 669 So.2d 133 , 134 (Ala. 1995)." Ex parte Carter , [ 807 So.2d 534 ,] 536 [ (Ala. 2001) ]. ' " Ex parte McWilliams , 812 So.2d 318 , 321 (Ala. 2001). A petition for a writ of mandamus is the proper method by which to bring before an appellate court the question whether the trial court, on remand, has complied with the appellate court's mandate. Ex parte Edwards , 727 So.2d 792 , 794 (Ala. 1998). "... [A]fter a case is remanded, the trial court may enter ' " '[n]o judgment other than that directed or permitted by the reviewing court.... The appellate court's decision is final as to all matters before it, becomes the law of the case, and must be executed according to the mandate, without granting a new trial or taking additional evidence.' " ' Id. at 794 (quoting Ex parte Alabama Power Co. , 431 So.2d 151 (Ala. 1983), quoting in turn 5 Am. Jur. 2d Appeal & Error § 991 (1962) )."”
3 later decisions quote this exact passage““In Ex parte Edwards, [ 727 So.2d 792, 794-95 (Ala.1998) ], this Court held that when an appellate court remands a case, the trial court does not have the discretion to conduct a new trial or an eviden-tiary hearing.... Instead, after a case is remanded, the trial court may enter ‘ “ ‘[n]o judgment other than that directed or permitted by the reviewing court.... The appellate court’s decision is final as to all matters before it, becomes the law of the case, and must be executed according to the mandate, without granting a new trial or taking additional evidence.’ ” ’ Id. at 794 (quoting Ex parte Alabama Power Co., 431 So.2d 151 (Ala.1983), quoting in turn 5 Am.Jur.2d Appeal & Error § 991 (1962)). “.... [I]n Ex parte Alabama Power Co., [ 431 So.2d 151, 155 (Ala.1983) ], ... [t]he [Alabama Supreme] Court ... stated the rule of law regarding a trial court’s authority to order a new trial on remand: “ ‘ “ ‘Where ... the cause is remanded with directions as to the judgment to be entered, such judgment should be entered without a new trial.’ 13 Ency. Plead. & Pract. p. 854. ‘Where a particular judgment is directed by the appellate court, the lower court is not acting of its own motion, but in obedience to the order of its superior.... Public interests require that an end shall be put to litigation, and when a given cause has received the consideration of a reviewing court, has had its merit is determined, and has been remanded with specific directions, the court to which such mand”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.