Bank of America, NA v. Owens

¶1 An appellate court’s mandate is the law of the case and binding on the lower court and must be followed. Here, both this court and the Supreme Court held that appellant Kenneth Treiger’s lien on the real property at issue had priority over Bank of America’s (Bank) lien.1 On remand, the trial court had no authority to revisit the Bank’s in rem claim that the trial court “preserved and tolled” when it rendered summary judgment, in favor of the Bank on its other claim. The in rem claim was not raised on review of the summary judgment, and the claim was, therefore, abandoned. The trial court…