Finley v. Smith

ON MOTIONS TO MODIFY, FOR A REHEARING AND TO TRANSFER TO BANC.

Respondent, Finley, has filed motions to modify, for a rehearing, and to transfer to Banc. The issues presented overlap; for instance, the motion to modify presents issues (also found in the motion for rehearing) which would necessitate a rehearing if sustained, and the motion for rehearing presents issues (also found in the motion to modify) which would require only a modification of the opinion if sustained. We shall consider only the matters deemed essential.

We overrule, without discussion, the motion to modify, remarking that…