Puritan Leasing Co. v. Superior Court

Opinion

THOMPSON, J.

—The case at bench raises the issue of the consequences to retrial of an appellate reversal and remand for “proceedings consistent with the views expressed” in the appellate opinion. We conclude: (1) where the appellate opinion uses the phrase to incorporate by reference portions of the body of the opinion into the pronouncement of appellate judgment, the trial court, on retrial, is bound by the incorporated portions as if they were included as an express specific direction on remand, and (2) any portion of the opinion not so incorporated has the less stringent effect of…