Proceedings After Reversal

When a judgment or an appealable order is reversed in the appellate court, either in whole or in part, the court reversing shall proceed to render that judgment as the trial court should have rendered, or remand the cause to the trial court for judgment or additional proceedings as the appellate court may direct. If an appellate court reverses or affirms the judgment or appealable order, it shall not issue execution in causes that are brought before it but shall send a mandate to the trial court, as the case may require, for execution, and the trial court to which the mandate is sent shall proceed in the same manner as if the judgment or appealable order had been rendered in that court. Source. — Former Rule 72(i), W.R.C.P. — with a minor deletion. Modification of damages judgment inap- propriate on appeal. — In a negligence ac- tion against the state, where the jury found the state to be 100% negligent but awarded plain- tiff only 30% of its damages, and there was no instruction given to the jury that would permit an apportionment of damages, it was not ap- propriate on appeal to modify the judgment; the case was remanded for a new trial on the question of damages. Martinez v. City of Chey- 59 RULES OF APPELLATE PROCEDURE