State Ex Rel. Frazier & Oxley, L.C. v. Cummings

(Filed Dec. 8, 2003)

Although the majority accurately discusses the law with regard to remand after an appeal and addresses a related doctrine known as the law of the ease, application of those principles to this case was not warranted given the jurisdictional basis for this Court’s ruling in Oxley I,1 the extremely limited nature of our substantive rulings in Oxley I, and the absolute lack of procedural limitations placed on the lower court’s actions by our previous ruling. Through its ruling in the case sub judice, an original jurisdiction petition for a writ of prohibition, the majority has…