JORDAN v. JORDAN

No. 15859-PR.

132 Ariz. 38 (1982)

643 P.2d 1008

Mary Ann JORDAN, Petitioner/Appellee, v. Donald E. JORDAN, Respondent/Appellant.

Supreme Court of Arizona, En Banc.

Rehearing Denied April 27, 1982.


Attorney(s) appearing for the Case

William J. Redondo, Tucson, for petitioner/appellee.

Slutes, Browning, Slaket & Sakrison by James M. Sakrison, Jane L. Eikleberry, Tucson, for respondent/appellant.


FELDMAN, Justice.

This marriage dissolution action presents the novel question of whether a trial court may deviate from the mandate of an appellate court because of an intervening change in controlling law and, on remand, decide the case contrary to the instructions contained in that mandate. The court of appeals held that the trial court was without jurisdiction so to do and reversed. Jordan v. Jordan, 132 Ariz. 51,

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