Kilroy v. B.H. Lakeshore Co.

I concur in part and dissent in part with the opinion of the majority in the matter before us.

I concur with the majority in affirming the determination of the trial court in the appellant’s fifth assignment of error, and I find that there was no error by the court below in referring the matter to the referee for hearing. Further, I find that the court did not commit error in failing to record the proceedings.

Additionally, I agree with the majority that the record in this case is insufficient for us to review the claimed errors in the appellant’s Assignments of Error Two, Three and Four. In…