Glenn Waite v. Douglas DeLair, et al, No. 08-3571 (8th Cir. 2009)
Annotate this CaseCourt Description: Civil case. Law-of-the-case doctrine prevents relitigation of issues previously decided and the district court did not err in denying plaintiff's motion for declaratory relief.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3571 ___________ Glenn Ronald Waite, MD, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Nebraska. Douglas D. DeLair; Delair & Delair, * * [UNPUBLISHED] Appellees. * ___________ Submitted: October 19, 2009 Filed: October 22, 2009 ___________ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. ___________ PER CURIAM. Glenn Waite appeals the district court s1 denial of his motion for declaratory relief. Upon careful review of the record, see Frulla v. CRA Holdings Inc., 543 F.3d 1247, 1251 (11th Cir. 2008) (standard of review), including Waite s prior unsuccessful appeal, see Waite v. DeLair, No. 00-3183, 3 Fed. Appx. 574 (8th Cir. 2001) (unpublished per curiam), we conclude that the instant appeal is governed by the law-of-the-case doctrine, see Jones v. United States, 255 F.3d 507, 510 (8th Cir. 2001) (all issues decided by appellate court become law of the case; this rule extends 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. not only to actual holdings but also to all issues implicitly settled in prior holdings); United States v. Bartsh, 69 F.3d 864, 866 (8th Cir. 1995) (law-of-the-case doctrine prevents relitigation of settled issue in case and requires courts to adhere to decisions made in earlier proceedings). Accordingly, we affirm. ______________________________ -2-
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