Can a judgment by a trial court entered pursuant to directions of an appellate court be appealed?

California, United States of America


The following excerpt is from Overstreet v. Butte County, 20 Cal.Rptr. 631, 370 P.2d 335, 57 Cal.2d 504 (Cal. 1962):

A judgment by a trial court entered pursuant to directions of a judgment by an appellate court is, of course, appealable, but where the court which issued the directions had jurisdiction of the subject matter and of the parties, a second appeal is limited to questions arising from the action of the trial court which were not involved in the prior appeal, such as whether the judgment entered by the trial court complied with the directions of the appellate court. (Gore v. Bingaman, 20 Cal.2d 118, 119-120, 124 P.2d 17; Gore v. Bingaman, 52 Cal.App.2d 485, 487, 126 P.2d 462.)

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