Gardner v. Gardner

EXUM, Justice.

At the outset we think it important to say that we are not inadvertent to the proposition that the Court of Appeals’ denial of defendant’s application for a writ of certiorari was a ruling within the discretion of that court. Normally we would not interfere with the exercise of such discretion. We determined to take this case, however, not because we thought the Court of Appeals by denying defendant’s application had abused its discretion, but because we desired to address the important and novel questions relating to the applicability of the compulsory counterclaim provisions…