LAW OF THE CASE

"Our application of collateral estoppel principles does not end the analysis, either. We must still decide whether a manifest injustice exception exists in the context of collateral estoppel, and if it does, whether manifest injustice would prohibit application of that doctrine."

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Federal courts and other state courts, however, have held that the collateral estoppel doctrine does contain such a manifest injustice exception. See, e.g., Comm'r of Internal Revenue v. Sunnen, 333 U.S. 591, 599 (1948); Thompson v. Schweiker, 665 F.2d 936, 940 (9th Cir. 1982); Tipler v. E.I. duPont deNemours Co., 443 F.2d 125, 128 (6th Cir. 1971); Dowling v. Finley Assocs., Inc., 727 A.2d 1245, 1249 n. 5 (Conn. 1999); Kansas Pub. Employees Ret. Sys. v. Reimer Koger Assocs., Inc., 941 P.2d 1321, 1333 (Kan. 1997); State v. Harrison, 148 Wn.2d 550, 61 P.3d 1104, 1109 (Wash. 2003). We agree. We hold that collateral estoppel will not be invoked to bar relief where its application would result in a manifest injustice.

"We think it should be made clear, however, that an appellate court should reconsider a point of law previously decided on a former appeal only as a matter of grace, and not as a matter of right; and that an exception to the general rule binding the parties to "the law of the case" at the retrial and at all subsequent proceedings should not be made except in unusual circumstances and for the most cogent reasons — and always, of course, only where "manifest injustice" will result from a strict and rigid adherence to the rule."

The district court correctly held that the law of the case doctrine does not prevent McBride from relitigating the legality of his habitual offender sentence. That doctrine requires that "questions of law actually decided on appeal must govern the case in the same court and the trial court, through all subsequent stages of the proceedings." Florida Dep't of Transp. v. Juliano, 801 So.2d 101, 105 (Fla. 2001) (emphasis added). Law-of-the-case principles do not apply unless the issues are decided on appeal. Id.;see also Kelly v. State, 739 So.2d 1164, 1164 (Fla. 5th DCA 1999) (holding that "[s]uccessive 3.800(a) motions re-addressing issues previously considered and rejected on the merits and reviewed on appeal are barred by the doctrine of law of the case"). Because McBride did not appeal the previous order denying his rule 3.800 motion, the district court correctly held that the law of the case doctrine does not apply.

A party may not contradict or take a position inconsistent with its own pleadings

A party is bound by the admission in its pleadings for jurisdictional determinations.