Wash. Court of Appeals published opinion — 723421.pdf

Citation: Wash. Court of Appeals published opinion — 723421.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/723421.pdf ↗

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on the other hand, stands for the general rule that "a question of
law decided by the [appellate] court on a former appeal becomes
the law of the case, in all its subsequent stages, and will not
ordinarily be considered or reversed on a second appeal when the
facts and the questions of law presented are substantially the
same." jd. "The 'law of the case' doctrine is the weaker corollary of
the doctrines of res judicata, collateral estoppelf,] and stare decisis
and is intended to prove some degree of certainty where those
doctrines could not yet apply." id.
As we previously noted:
Although the principles of the law of the case doctrine
and res judicata are similar, their application differs.
The law of the case rule involves the effect of a
previous ruling within one action on a similar issue of
law raised subsequently within the same action. The
rules of res judicata apply to previous rulings in an
action on a similar determination in a subsequent
action,
jd. Thus, "[w]here successive appeals are taken in the same case
there is no question of res judicata, because the same suit, and not
a new and different one, is involved." Id.