Nolan v. Nolan

The essential question presented in this case is whether the trial court impermissibly exceeded the scope of its authority upon remand.

Appellant argues that an inferior court is bound to execute the mandate of a reviewing court without variation. She claims that the trial court failed to do so in this case and that, as such, its judgment should not have been affirmed by the court of appeals.

Conversely, appellee contends that it is sufficient for the trial court to remain within the general intent of the remand. Based upon the reasoning that the reviewing court is best able to determine its…