Sherman v. River Oaks Office Plaza, Ltd.

I concur with the majority’s disposition of the first assignment of error and would go further and enter judgment for appellee as I do not see any reason to remand the cause for further proceedings. I, however, dissent from the disposition of the second assignment of error as I perceive the majority’s reasoning to be inconsistent with its finding on the first assignment. I cannot reconcile finding on one hand that appellee’s refusal to follow the requirement of the law was material and on the other hand requiring that appellant separately prove knowingly and intentionally.

The statute provides…