Fogg v. MacAluso

specially concurring in the result:

I agree with the majority’s definition of “emergency as an exigency or an unforeseen combination of circumstances that call for immediate action.” Maj. op. at 275. I also agree that it would be unfair not to give the parties the opportunity to “present relevant evidence and argue how the newly delineated definition applies to [the] evidence.” Maj. op. at 276. Moreover, I agree that because “the trial court ... did not conduct an evi-dentiary hearing before deciding the case,” maj. op. at 276, we must remand this matter to the trial court. I write separately,…