Syth v. Parke

I am unable to concur in the majority decision and respectfully dissent. Although I intend to be bound by the holding of the lead opinion in future cases involving the issues presented here, I feel it necessary to register my dissent because the instant case presents extraordinary circumstances which justify the district court’s discretionary actions in opening the August *1681, 1991 written order. In my view, this is one of those occasions when the time requirements of the Rules should be construed liberally, as directed by the mandatory language in I.R.C.P. 1(a), “... to secure the just, speedy…