Cumberland Capital Corp. v. Patty

I concur in the majority opinion overruling the petition for rehearing, except that portion dealing with the prospective operation of the decision of the Court.

As pointed out in the majority opinion, this case was before the Court on a limited, expedited interlocutory appeal, in which only two questions had been certified by the trial judge. This was emphasized in the principal brief filed on behalf of the lending agencies, in which it was stated that the case was in this Court “for consideration solely of the two questions he certified . .” Again, in their brief, appellants stated:

“The…