In Re: Henry Landry, Sr. and Lonnie Landry, applying for Writ of Certiorari or Review, to the Court of Appeal, Fourth Circuit, No. 12593; Parish of Orleans, Civil District Court, No. 78-648.

Case Below: 438 So.2d 628.

Granted. Reversed and remanded to the court of appeal to reconsider. The “law of the case” doctrine is a “discretionary guide” and has no application when an appellate court reviews a ruling of the district court or when there is palpable error in a prior ruling. See CCP 2164, comment (a), and Petition of Sewerage & Water Board of New Orleans, La., 278 So.2d 81.

concurs with reasons. Our inadvertent denial of certiorari on the issue of Lonnie Landry’s negligence in the consolidated case causes complications in the present case. However, the fact that the judgment in the consolidated ease is now definitive does not preclude an independent determination of Lonnie Landry’s demands in this case.