EATON, J. Following a decision from a three-justice panel of this Court issued on June 26, 2017, * involving these parties and this litigation and affirming a final judgment order, the civil division attempted to conduct further hearings as if the matter had been remanded. The Poons challenged continuation of the litigation by the trial court, asserting that, in the absence of an express remand from the Supreme Court in the June 26th decision, the trial court lacked subject matter jurisdiction to conduct further hearings. The trial court denied the motion and the Poons were granted permission by the Supreme Court to appeal the denial on an interlocutory basis. We reverse.
In the June 26th decision, this court affirmed the trial court’s decision in all respects except for the grant of injunctive relief, which was stricken. In all other respects, the judgment is affirmed.”). In the absence of a finding that the Poons had trespassed, we held there was no entitlement to an injunction. Id. at *5-6. The court did not remand the case to the trial court for determination of trespass. Id.
We have long recognized that unless a remand is ordered when the final judgment or decree is entered in the Supreme Court, the lower court is without jurisdiction to consider the case further. Turner v. Bragg, 114 Vt. 334, 336, 44 A.2d 548, 549 (1945). If Moyers felt a remand was necessary to consider the trespass claim, his remedy was to file for reargument seeking a remand to the trial court. He did not do so. To proceed as he did, by filing a motion in the trial court where there had been no remand, ignores the finality of Supreme Court decisions “It is the rule that a mandate or an order of remand is necessary to reinvest the lower court with jurisdiction to proceed with the case.” Sanders v. Loyd, 364 S.W.2d 369, 371 (Tenn. Ct. App. 1960). ¶ 10. trial court is without jurisdiction to consider the instant case further and the motion to dismiss for lack of subject matter jurisdiction should have been granted. The judgment rendered June 26th by this Court, which did not include a remand, was final.
In the June 26th decision, this court affirmed the trial court’s decision in all respects except for the grant of injunctive relief, which was stricken. In all other respects, the judgment is affirmed.”). In the absence of a finding that the Poons had trespassed, we held there was no entitlement to an injunction. Id. at *5-6. The court did not remand the case to the trial court for determination of trespass. Id.
We have long recognized that unless a remand is ordered when the final judgment or decree is entered in the Supreme Court, the lower court is without jurisdiction to consider the case further. Turner v. Bragg, 114 Vt. 334, 336, 44 A.2d 548, 549 (1945). If Moyers felt a remand was necessary to consider the trespass claim, his remedy was to file for reargument seeking a remand to the trial court. He did not do so. To proceed as he did, by filing a motion in the trial court where there had been no remand, ignores the finality of Supreme Court decisions “It is the rule that a mandate or an order of remand is necessary to reinvest the lower court with jurisdiction to proceed with the case.” Sanders v. Loyd, 364 S.W.2d 369, 371 (Tenn. Ct. App. 1960). ¶ 10. trial court is without jurisdiction to consider the instant case further and the motion to dismiss for lack of subject matter jurisdiction should have been granted. The judgment rendered June 26th by this Court, which did not include a remand, was final.
No comments:
Post a Comment