Kenneth W. Tilley v. Malvern National Bank and…

Summary

The court held that the circuit court violated the mandate rule and law-of-the-case doctrine by applying Act 13 of 2018 after the prior appeal had directed that Tilley receive a jury trial. The lower court lacked jurisdiction to reconsider whether the new statute retroactively validated the pre-dispute jury waiver, and the court declined to recognize an intervening-change-in-law exception to the mandate rule. The judgment was reversed and the case was remanded for a jury trial.