Vollmer v. Luety

I join the majority opinion and write separately to summarize what I view as the key principles regarding the court of appeals' powers of discretionary review and reversal as set forth by the majority opinion:1

1. Sections 751.06 and 752.35, the statutes governing discretionary reversal, are identical except that the former section applies to the supreme court and the latter section applies to the court of appeals. Majority opinion at p. 17. The statutes give both appellate courts the same "broad discretion," majority opinion at p. 21, to review all unobjected-to, alleged errors and reverse…