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Appeals FAQ. The Q & A
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18. If the appellate court remands the case to the trial court, and the trial court later enters another order in the case, can I appeal again in that case?
The best answer is maybe yes and maybe no. Yes, in that, if the appellate court issued a decision that vacated the trial court’s order or judgment that was actually the subject of the first appeal, then the appeal goes back to the trial court. And that first appeal binds the lower court and is law of the case as to those issues raised in the first appeal. But if, for example, the first appeal concerned summary judgment, and then summary judgment is vacated, and then the case went through bench trial before the trial judge in the lower court, and then the trial judge entered a final judgment arriving at the same conclusions that were the subject of the summary judgment, some of the issues in the first appeal may be foreclosed in the second appeal. Others, however, may not be foreclosed. So, the answer is also no, in the sense that issues that were decided later with far more evidence at a hypothetical bench trial may be issues that can be properly raised in the second appeal.
