City of San Antonio v. San Antonio Independent School District

Today a majority1 of this court bows to the dogged reluctance of the appellant City’s refusal to accept appellate finality and we are treated to the application of a new twist to the doctrine of the law of the case. That doctrine as applied today transforms the prior result into the law of that case and the result in this appeal, the majority pronounces, becomes the law of this case.

I think judicial honesty would be best served if both simply disagreed and registered their disagreement with the holding of the Eastland Court of Appeals instead of *74fantasizing that our brethren in Eastland were…