Whether the appellate court abused its discretion in deciding the merits of a motion to recall the mandate without first determining jurisdiction

QUESTION(S) PRESENTED Ch.) Whether notwithstanding the substance or clharacter of the motion +o recall the mandate the Uuited States Court of Appeals €or the Sixth Circuit abused its discretion when it decided the merits of the motion cottrout First determining whether a case-or— controversy within +he meaning of Constitution existed through all stages of the federal proceedings From +rial to appellate ? @) Whether the question of the jurisdiction of the Court of Appeals in the Cirst instance on Airect appeal, and subsequently +o reach the merits of the mo+ron +o recall Fhe mandate goes +o +he question oF ; +he. Jjarisdiction of the Supreme Court on certiorari P @) Whether the requirement that +he appellate court satisfy itself of fhe jurisdiction of the lower court an 1 JAMES th . before i+ assumes jurisdiction ina cause under review was sutPiciently met in the case Under review before the court issued its order denying the metion to recall the mandate ?