LAW OFFICE OF ROBERT K. LINCOLN, P.A.

Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

Cert- law of the case on remand

Under ABG Real Estate Dev. Co. of Fla., Inc. v. St. Johns County, 608 So. 2d 59, 64
(Fla. 5th DCA 1992) (noting that a court's certiorari review power is limited to quashing
the order reviewed), a reviewing court cannot direct the lower court how to resolve the case on remand.

HOWEVER - in this case issued by the 2d DCA last week, the court clarifies that legal holdings in a cert decision are binding on the lower tribunal as the law of the case. The lower court cannot retry or reinterpret the case in ways that are inconsistent with the direct or implied legal determination made by the reviewing court.

This is an important limitation on the discretion of the lower tribunal to jigger its analysis to come to the same result after remand. More on other limitations later.

46 N. Washington Blvd, Suite 7, Sarasota, FL 34236      Phone (941) 681-8700

Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.