Mandate Rule


Ledbetter v. Ledbetter, etc.; Ledbetter, etc. v. Ledbetter, [Ms. 1200860; 1210002, June 30, 2022] __ So. 3d __ (Ala. 2022). The Court (Mitchell, J.; Parker, C.J., and Bolin, Shaw, Wise, Bryan, Mendheim, and Stewart, JJ., concur; Sellers, J., recuses) reverses the Elmore Circuit Court’s summary judgment in favor of Laurie Ann Ledbetter and against William Russell Ledbetter (“Russ”). The Court explains that its previous decision in the case determined that at least one open issue of material fact made “summary judgment inappropriate.” Ms. *4. Because “[t]hat holding governed the case on remand, Honea v. Raymond James Fin. Servs., Inc., 279 So. 3d 568, 570-71 (Ala. 2018) (‘An appellate court’s decision is final as to the matters before it, becomes the law of the case, and must be executed according to the mandate.’),” the Court reverses the summary judgment as in violation of the mandate rule. Ibid.

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