Lee v. Department of Transp.
| Decision Date | 25 February 1991 |
| Docket Number | No. A91A0271,A91A0271 |
| Citation | 402 S.E.2d 551,198 Ga.App. 716 |
| Parties | LEE v. DEPARTMENT OF TRANSPORTATION. |
| Court | Georgia Court of Appeals |
Thomas L. Washburn III, Atlanta, for appellant.
Weiner, Dwyer & Yancey, J. Matthew Dwyer, Jr., Carmen D. Smith, Atlanta, Michael J. Bowers, Atty. Gen., Roland F. Matson, Sr. Asst. Atty. Gen., for appellee.
After the Department of Transportation condemned a portion of land owned by Lee, we reversed a jury verdict for the value of the land because the trial court erroneously excluded evidence of consequential damages to the remaining property. Lee v. Dept. of Transp., 191 Ga.App. 1, 380 S.E.2d 726 (1989). The case was retried before a judge. Lee appeals from the judgment entered on retrial, claiming the trial court violated the law of the case rule by making findings of fact and conclusions of law with respect to consequential damages at odds with our previous ruling in Lee. See OCGA § 9-11-60(h) (); Continental Corp. v. Dept. of Transp., 185 Ga.App. 792, 793, 366 S.E.2d 160 (1988).
The law of the case is the "controlling legal rule established by a previous decision between the same parties in the same case." Bradley v. Tattnall Bank, 170 Ga.App. 821, 822, 318 S.E.2d 657 (1984). "However, the principle only establishes the law of the case in its then existing evidentiary posture." (Emphasis omitted.) Modern Roofing, etc., Works v. Owen, 174 Ga.App. 875, 332 S.E.2d 14 (1985). " '[A]ll questions as to pleadings and the effect of evidence adjudicated [by the previous decision] are binding as the law of the case on this court and, on a second trial of the case, in the court below, unless additional pleadings and evidence prevail to change such adjudications.' " Monroe Motor Express v. Jackson, 76 Ga.App. 280, 281, 45 S.E.2d 445 (1947).
We find no violation of the law of the case rule. First, the evidentiary posture of this case with respect to consequential damages has changed. Although we noted in Lee that evidence of consequential damages had been presented, we made no determination as to damages, holding only that the trial court had erroneously excluded this evidence. The judgment in the present appeal refers to findings of fact and conclusions of law based on evidence of consequential damages, or the lack of such evidence, considered by the judge on retrial. Second, because Lee expressly designated that no...
To continue reading
Request your trial
-
Nelson v. Bd. of Regents of The Univ. System of Ga.
...142 Ga.App. at 219–21(1), 235 S.E.2d 729. 32. See, e.g., MOM Corp., 203 Ga.App. at 847–848(1), 418 S.E.2d 74; Lee v. Dep't of Transp., 198 Ga.App. 716, 716–717, 402 S.E.2d 551 (1991); Ellington, 142 Ga.App. at 219–221(1), 235 S.E.2d 729. 33. The trial court also granted the Resident Defenda......
-
Ogletree v. Navistar Intern. Transp. Corp.
...expressed in the previous appeal inapplicable. [Cit.]" Stiltjes, 192 Ga.App. at 779(2)(a), 386 S.E.2d 696. See Lee v. Dept. of Transp., 198 Ga.App. 716, 402 S.E.2d 551 (1991) (additional damages evidence at second trial of case changed evidentiary posture; rule inapplicable); Harrison v. Do......
-
B.A.H., In Interest of
... ... Transp., 172 Ga.App. 197, 322 S.E.2d 366 (1984); Management Compensation Group, etc. v. United Security Employee, etc., 194 Ga.App. 99, 389 S.E.2d 525 ... ...
-
Harkleroad v. Stringer
...409 S.E.2d 45 (1991). 33. 203 Ga.App. 847(1), 418 S.E.2d 74 (1992). 34. 184 Ga.App. 870, 871(1), 363 S.E.2d 151 (1987). 35. 198 Ga.App. 716, 402 S.E.2d 551 (1991). 36. See Eastgate Assoc. v. Piggly Wiggly Southern, 200 Ga.App. 872, 873(1), 410 S.E.2d 129 (1991) (any direction awarded by the......