State ex rel. Smith v. O'Connor

Smith asserts in her propositions of law that the doctrine of the law of the case limited the sole issue to be determined on retrial following the court of appeals’ reversal of the judgment entered in favor of the hospital to the amount of damages. Smith claims that Judge O’Connor ignored the mandate of the court of appeals by deciding to hold a new trial on all issues upon remand.

Absent extraordinary circumstances, such as an intervening decision by the Supreme Court, an inferior court has no discretion to disregard the mandate of a superior court in a prior appeal in the same case. Nolan v.…