WHITE SANDS, INC., Appellant,
v.
SEA CLUB V. CONDOMINIUM ASSOCIATION, INC., Appellee.
District Court of Appeal of Florida, Second District.
*287 Daniel Joy, Joy, Gause, Genson & Moran, Sarasota, for appellant.
Steven H. Judd, Judd & Ulrich, P.A., Sarasota, for appellant.
THREADGILL, Judge.
White Sands, Inc. appeals an amended final judgment rendered pursuant to this court's mandate in White Sands, Inc. v. Sea Club V. Condominium Association, Inc.,
We set forth the facts as they appear in White Sands I,
In White Sands I, White Sands challenged the extinguishment of its express easement, but not the denial of an injunction. We reversed the portion of the final judgment that extinguished the express easement on the ground that express easements by grant may be altered only by mutual consent.
We affirm the trial court's ruling denying White Sands' motion. A trial court lacks power to deviate from the terms of an appellate mandate absent permission from the appellate court to do otherwise. Mendelson v. Mendelson,
Nevertheless, we disagree with Sea Club that the law of the case precludes our review of White Sand's claim for an injunction on this appeal. An appellate court has inherent authority to reconsider and reverse a previous ruling that is law of the case. Strazzulla v. Hendrick,
Exceptions to the doctrine should be invoked only "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 trial court found that indeed White Sands was entitled to access over the express easement, but that Sea Club's extensive and valuable improvements made it more equitable to extinguish the express easement and create an alternative easement. Thus, the trial court never reached the issue critical to the issuance of the injunction, whether Sea Club's improvements unreasonably interfered with White Sands' express easement. See Barasch v. Odio,
Because the trial court did not rule on the extent of Sea Club's interference with White Sands' easement, there was no opportunity to raise the issue in White Sands I. Although we make no determination as to the merits of White Sands' claim for injunction, we observe that if the claim is meritorious, without an injunction, White Sands will have been deprived of the full enjoyment of its easement.
Accordingly, we affirm the amended final judgment but remand for a determination of the claim for injunction.
Affirmed.
SCHOONOVER, C.J., and HALL, J., concur.
