Fisher v. Norman Apartments, Inc.

I reluctantly dissent. My views are, of course, known to my colleagues. Were it not that I fear the creation of a bad precedent by the majority opinion herein, I would merely note my dissent now as I did when the original decision was announced; for the reason given, however, I feel constrained to state in writing the grounds of my original dissent, which are the basis of my belief that the majority’s present denial of a rehearing is not justified under any sound principle of law, equity or justice. Some of the unfortunate results flowing from the majority opinion, as I read it, are these:…