Lian v. Stalick, 115 Wash. App. 590 (2003)

Citation: Lian v. Stalick, 115 Wash. App. 590 (2003)
Parent Document: Lian v. Stalick, 115 Wash. App. 590 (2003)
Jurisdiction: Washington (state)
Effective Date: 2003-02-11
Original Source: https://www.courtlistener.com/opinion/4934783/lian-v-stalick/ ↗

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Generally, the law of the case doctrine precludes this court from reconsidering the same legal issue already determined as part of a previous appeal. Folsom v. County of Spokane, 111 Wn.2d 256, 263, 759 P.2d 1196 (1988). Questions determined as part of an earlier appeal are not reconsidered in a subsequent appeal unless the holding in the prior appeal was clearly erroneous or the application of the law of the case doctrine would result in a manifest injustice. Id. at 264. Here, the law of the case doctrine prevents Mr. Stalick from seeking further reconsideration *599of our decision. The determination in Lian I finding a breach of the warranty of habitability is not clearly erroneous. Additionally, Mr. Stalick presents no new theory as to the purported error, and we cannot find one. Consequently, we see no need to reconsider this holding here.

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