Winning a family law appeal in New Jersey is a significant victory. After months or even years of litigation, the Appellate Division has identified a crucial error made by the trial court and sent your case back—a process called a “remand”—with specific instructions for correction. This should be the final step toward a fair resolution.

Unfortunately, some litigants find themselves in a frustrating position: the trial court, upon receiving the case back, seems to disregard the appellate mandate and relitigate issues that were already decided. This is not permitted. A core legal principle, the law of the case doctrine, exists to prevent this very scenario and ensure that an appellate victory is final and meaningful.

What Is the “Law of the Case” Doctrine?

The law of the case doctrine is a straightforward but powerful rule: once an appellate court has decided a legal issue in your case, that decision is binding on the trial judge for all future proceedings. The trial court does not have the authority to revisit, reconsider, or ignore the appellate court’s ruling.

The Appellate Division has been very clear on this point. In Tomaino v. Burman, 364 N.J. Super. 224 (App. Div. 2003), the court stated that trial judges have a “peremptory duty” to obey an appellate mandate “precisely as written.” Even if a judge personally disagrees with the appellate court’s reasoning, they are “not free to disregard” it. This principle ensures consistency and predictability. As further emphasized in Kosmin v. N.J. State Parole Bd., 363 N.J. Super. 28 (App. Div. 2003), while judges may have their own views, they remain “bound to follow the rulings and orders of the Appellate Division.” Similarly, in Jersey City Redevelopment Agency v. Mack Props. Co., 280 N.J. Super. 553, 562 (App. Div. 1995), the court made clear that adherence to these instructions is mandatory, not optional.

A Real-World Example: When a Trial Court Ignores a Remand

In one of our firm’s own successful appeals, S.W. v. G.M., 462 N.J. Super. 522 (App. Div. 2020), we saw firsthand what happens when this doctrine is ignored. The Appellate Division remanded a complex alimony case to the trial court with three explicit, non-negotiable instructions:

• Numerically determine the marital lifestyle and apportion it between the parties.
• Recalculate Mallamo credits for underpaid pendente lite support.
• Revisit life insurance securing the alimony obligation.

Instead of following those directions, the trial judge issued a brief order that reverted to a financial analysis the appellate court had already rejected and completely ignored the other two mandates.

This forced our firm to appeal for a third time to protect our client. The Appellate Division reversed the trial court again, reinforcing that “it is beyond dispute that a trial judge has the responsibility to comply with pronouncements of an appellate court.” Because the trial judge had demonstrated an unwillingness to follow the mandate, the Appellate Division granted our request to have the case reassigned to a different judge on remand—a significant step that protected our client from further non-compliance.

Why This Doctrine Matters for Your Family Law Case

This is not just a technical legal rule; it is a critical safeguard for anyone involved in a family law appeal. The law of the case doctrine provides tangible protections:

• It Protects Finality: Issues that you have won on appeal cannot be reopened at the trial level. The decision is settled.
• It Ensures Fairness: The opposing party does not get a second chance to re-argue points they have already lost. The remand is for correction, not reconsideration.
• It Saves Time and Expense: A remand should narrow the issues for the trial court to address, preventing the case from expanding into another full-blown, costly trial.
• It Reinforces Your Victory: If a trial court fails to follow the appellate mandate, you have the right to appeal again to enforce the ruling. In rare cases, the Appellate Division may even use its own authority under Rule 2:10-5 to exercise original jurisdiction and resolve the matter itself.

For more on extraordinary relief in appeals, see our related article: Motions for Leave to Appeal in New Jersey Family Law.

What This Means for You

If you have won a family law appeal and your case was remanded, you are entitled to have the trial court follow the appellate instructions exactly. You should not be forced to relitigate settled issues or accept a result that contradicts the appellate court’s decision. If the trial judge does not comply, you have the right to return to the Appellate Division to enforce its mandate and protect your hard-won victory.

A remand is not a do-over. It is a directive from the Appellate Division that must be followed. The law of the case doctrine ensures that appellate decisions have authority and that your case moves toward a just and final resolution.

Guidance for Attorneys and Referral Partners

For our colleagues at the bar, this doctrine highlights the importance of a forward-thinking appellate strategy:

• Issue preservation is critical — once the Appellate Division rules, that issue is closed.
• Mandates define the path — the precise wording of a remand order dictates what must happen next.
• Non-compliance is actionable — when a trial court disregards instructions, appellate counsel can seek enforcement, reassignment, or even relief through original jurisdiction.

Our firm provides focused appellate advocacy for clients and attorneys across New Jersey. If you are facing a complex family law appeal or dealing with non-compliance after a remand, contact us to discuss how our experience can protect your rights.