Blake v. Mayo Nursing & Convalescing Home, Inc.

The somewhat curious title of this opinion may be explained as follows: I disagree with the majority’s conclusion that the appeal should be quashed; I would consider it on the merits. So far as concerns the parties, this disagreement is of little importance, for when the appeal is considered on the merits, the conclusion is reached that the order of the lower court should be affirmed. Thus either way — the majority’s or mine — appellant loses. So far as concerns the law, however, it may perhaps contribute a little bit if I state the basis of my disagreement with the majority.

I

As the majority…