Appellate Practice
Feb. 6, 2013
Art of the appeal: an appellate court's factual findings and estoppel
May an appellate decision's factual findings be used as an estoppel in the trial of additional issues on remand? By Michael M. Mullins
Attorney Julie Highpower just received a big victory in the Court of Appeal. While the trial court had thrown out some of her claims before trial, she got a judgment on her remaining, related claims. Now the Court of Appeal has not only affirmed her already-tried claims but also found that the trial court erred in throwing out the other claims before trial. So the Court of Appeal has reversed the judgment and remanded the case for a trial on...
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