State ex rel. Cox v. Boone Superior Court

Dissenting Opinion

White, J.

I find it impossible to concur in the court’s opinion and decision to grant the writ. In my opinion, the *180findings made on April 12, 1967, were final, both in form and in fact. The trial court had then not only decided what his resolution of the controversy was but that decision, in its final form, was then entered of record. That decision gave the defendant an election whether he would abate the nuisance or suffer a money judgment against him in a sum $5,300.00 higher than if he did abate. All that remained for the trial court to do after the entry of April 12,…