Trial Court’s Jurisdiction After Remand From Appellate Court Is Limited By Mandate

In South Alabama Skills Training Consortium v. Ford, [Ms. 2080068] (Ala. Civ. App. July 24, 2009), the Court of Civil Appeals dismissed an appeal as being from a void judgment because the trial court’s jurisdiction on a review of a decision of an administrative law judge was limited by certiorari review, and the trial court did not have jurisdiction to go beyond the appellate court’s mandate after remand.

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Party Could Not Invite Error By Introducing, Then Challenging, New Evidence After Remand

The Court of Civil Appeals would not reverse a circuit court where, after the case was remanded, the appellant wife introduced new evidence, and later complained about the circuit court’s accepting such evidence. This amounted to late argument and “invited error.” Kaufman v. Kaufman, No. 2060245 (Ala. Civ. App. Aug. 24, 2007). The judgment of the circuit court was accordingly affirmed.

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