Epstein Secrets

n appeal must govern the case in the same court and the trial court, through all subsequent stages of the proceedings." Florida Dept. of Transp. v. Juliano, 801 So.2d 101, 105-06 (Fla. 2001) (citing Greene v. Massey, 384 So.2d 24, 28 (Fla. 1980) ("All points of law which have been adjudicated become th

rejected it and approved this Court's ruling on that issue, and "the facts on which this decision [was] based continue to be the facts of the case." Juliano, 801 So.2d at 106. Therefore, the law of the case doctrine binds this Court to follow the Fourth District's holding (and therefore this Court's pri

f material fact as to probable cause; thus, consideration of this issue by this Court again is precluded by the law of the case doctrine. Gabor v. Gabor & Co., Inc., 599 So.2d 737, 739 (Fla. 3d DCA 1992), is directly on point. In Gabor, the appellate court held that there was a genuine issue of material fa

octrine is limited to those questions of law that were "actually presented" and "actually decided" on a former appeal." Florida Dep't of Transp. v. Juliano, 801 So. 2d 101, 105-06 (Fla. 2001). The doctrine allows the trial court upon remand from the appellate court to consider a party's alternative arg

e argument as to probable cause for this Court's consideration. See Nat'l City Bank v. Accent Marketing Assoc., supra. Edwards argues that Gabor v. Gabor & Co., Inc., 599 So. 2d 737 (Fla. 3d DCA 1992) "is directly on point." Motion to Strike at 5. Gabor is clearly distinguishable. In that case, the Third D

doctrine is limited to those questions of law that were "actually presented" and "actually decided" on a former appeal. Florida Dep't of Transp. v. Juliano, 801 So. 2d 101, 105-06 (Fla. 2001). The doctrine allows the trial court, upon remand from the appellate court, to consider a party's alternative a

argument as to probable cause for this Court's consideration. See Nat'l City Bank v. Accent Marketing Assoc., supra. Edwards argues that Gabor v. Gabor & Co., Inc., 599 So. 2d 737 (Fla. 3d DCA 1992) "is directly on point." See Edwards's Motion to Strike, p. 5. However, the Gabor case is clearly distingui