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Long v. Long

The trial court committed grave error by refusing, upon return of the remittitur, to give full effect to the Court of Appeals' binding decision.

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In a prior appeal of this case, Long v. Long , 303 Ga. App. 215 692 SE2d 811 2010, this court affirmed in part and reversed in part certain orders of the Burke County Superior Court pertaining to child custody and visitation. Upon return of the remittitur, the lower court refused to carry this court’s decision into effect and instead entered an order declaring our decision to be void and “declining to make the decision of the Court of Appeals the judgment of the trial court.” Christine Long, the appellant in the prior appeal, again appeals. Again we reverse. After the remittitur is transmitted to the trial court by the appellate court, “the decision and direction of the appellate court shall be respected and carried into full effect in good faith by the court below.” OCGA § 5-6-10. “Any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be.” OCGA § 9-11-60 h. A “trial court . . . cannot decide to disregard the opinions of this court. Cits.” Eastgate Assoc. v. Piggly Wiggly Southern , 200 Ga. App. 872, 873 1 410 SE2d 129 1991. “When a judgment is reversed and the case is remanded to the trial court with direction, it is the duty of the trial court in good faith to carry into full effect the mandate of this court.” Punctuation omitted. Leon v. Monterrey Mexican Restaurant of Wise , 305 Ga. App. 222, 223 1 699 SE2d 423 2010.

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