law-law of the case doctrine - prior appeals -
LAW OF THE CASE DOCTRINE - CASELAW SNIPPETS
Under the law of the case doctrine, a question of law previously decided on appeal governs a case
throughout its subsequent stages. Jones & Gonzalez, P.C. v. Trinh, 340 S.W.3d 830, 836 (Tex. App.
—San Antonio 2011, no pet.) (citing Hudson v. Wakefield, 711 S.W.2d 628, 630 (Tex. 1986));
Lifshutz v. Lifshutz, 199 S.W.3d 9, 20 (Tex. App.—San Antonio 2006, pet. denied). The doctrine
operates to narrow the issues in successive stages of litigation and is based on goals of uniformity
of decisions and judicial economy. Lifshutz, 199 S.W.3d at 20 (citing Hudson, 711 S.W.2d at 630).
The doctrine applies only to questions of law and not to questions of fact. Id. For example, in an
earlier opinion in Trinh, this court had held Trinh breached a lease as a matter of law because he
failed to obtain insurance coverage. Trihn v. Richter, No. 04-04-00644-CV, 2005 WL 2989278, *1
(Tex. App.—San Antonio Nov. 9, 2005, no pet.) (mem. op.). We remanded the matter to the trial
court for further proceedings. Id. When the matter returned to this court on appeal after
proceedings on remand, we held the trial court erred in submitting the breach of lease issue to the
jury on remand because we had already determined that issue as a matter of law and it was the law
of the case for all subsequent proceedings. Trinh, 340 S.W.3d at 836.
CASES FROM THE TEXAS SUPREME COURT
CASES FROM TEXAS APPEALS COURTS
Texas Causes of Action and Defenses | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams |
Texas Caselaw Topics Pages | Texas Opinions Homepage |