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Under the law of the case doctrine, the court of appeals
in this case had the authority to reconsider its first dismissal of
the appeal and to change its first decision if it was clearly
erroneous. However, the court of appeals should not have dismissed
the second appeal for want of jurisdiction. Rather, having found
that there was a final, appealable judgment, it should have
considered the merits of the petitioner's first appeal.
April 14, 2003 at 12:00 AM
1 minute read
Updated on April 14, 2003
The original version of this story was published on Law.Com
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