Jerry and Patricia A. Dixon, et al. - Page 18

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          limited by any action taken by the appellate court with respect             
          to those issues during the appeal.                                          
               On remand, a trial court may not deviate from the                      
               mandate of an appellate court * * * “[w]hen a case has                 
               been decided by an appellate court and remanded, the                   
               court to which it is remanded must proceed in                          
               accordance with the mandate and such law of the case as                
               was established by the appellate court.”  Firth v.                     
               United States, 554 F.2d 990, 993 (9th Cir. 1977) * * *                 
               The Supreme Court long ago emphasized that when acting                 
               under an appellate court’s mandate, an inferior court                  
               “cannot vary it, or examine it for any other purpose                   
               than execution; or give any other or further relief; or                
               review it, even for apparent error, upon any matter                    
               decided upon appeal; or intermeddle with it, further                   
               than to settle so much as has been remanded.”  In re                   
               Sanford Fork & Tool Co., 160 U.S. 247, 255 (1895).                     
               [Commercial Paper Holders v. Hine (In re Beverly Hills                 
               Bancorp), 752 F.2d 1334, 1337 (9th Cir. 1984);                         
               alteration in the original.]                                           
               The “law of the case” doctrine requires a decision on a                
          legal issue by an appellate court to be followed in all                     
          subsequent proceedings in the same case.  Herrington v. County of           
          Sonoma, 12 F.3d 901, 904 (9th Cir. 1993).  The doctrine generally           
          precludes reexamination of issues decided either expressly or by            
          necessary implication by the appellate court upon appeal and                
          applies to the trial court on remand and even to the appellate              
          court itself upon a subsequent appeal.  Pollei v. Commissioner,             
          supra at 601.  The law of the case acts as a bar only when the              
          issue in question was actually considered and decided by the                
          first court and does not extend to issues an appellate court did            
          not address.  United States v. Cote, supra at 181-182.                      







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