Life Insurance Co. of Georgia v. Burke

Russell, Judge.

1. A former decision of an appellate court in the same case becomes the law of the case and cannot thereafter, upon a subsequent appeal, be modified or overruled. Dixon v. Federal Farm Mtg. Corp., 187 Ga. 660 (1 SE2d 732); Turner v. Davidson, 188 Ga. 736 (4 SE2d 814, 125 ALR 401); Smoot v. Alexander, 192 Ga. 684 (16 SE2d 544). All questions of law determined on a prior appeal in an action on an insurance policy are binding both upon this court and on the trial court in further proceedings. Mutual Ben. Health &c. Assn. v. Marsh, 62 Ga. App. 425 (8 SE2d 117). All issues material…