Abercrombie v. McClung

DISSENTING OPINION OF

MARUMOTO, J.

I dissent. My reason for dissenting in this case is that for this court to assume jurisdiction over this appeal will in effect be to tamper with the jurisdiction of this court as limited by the State constitution and the statute implementing the constitutional provision.

Under the constitution, this court has power to promulgate rules relating to practice, process, procedure, and appeals. But it has no say regarding its jurisdiction. The establishment of the jurisdiction of any court is a matter only within the competence of the legislature.

Article V, section…