§ 3.13.7.2 New Trial After Mandate.

• Jurisdiction: Arizona

§ 3.13.7.2 New Trial After Mandate. Where the appellate court reverses without specific directions, the superior court may conduct a new trial on the issues involved. See Gulf Homes, Inc. v. Goubeaux, 136 Ariz. 33, 37, 664 P.2d 183, 187 (1983) (finding entry of judgment notwithstanding the verdict on remand erroneous). Where the appellate court expressly reserves determination of certain substantive issues, the superior court is not precluded from entering summary judgment on remand based upon issues not discussed...