Blaircom v. Hires

The appellee filed a Petition to Transfer from a Memorandum Decision issued by the Court of Appeals, reversing the trial court. The trial judge, the Honorable Alfred J. Pivarnik, is now a justice on this Court, and, therefore, disqualified himself from passing judgment on the petition to transfer. The remaining four justices have divided equally as to whether or not transfer should be granted. Under the rules of this Court, such equal division leaves the decision of the Court of Appeals in full force and effect. I respectfully dissent from that result.

The Court of Appeals decision and the two…