White River Health Sys., Inc. v. Long

I respectfully disagree with the majority's decision to dismiss this appeal. This court has, despite good intentions, mistakenly elevated a discretionary circuit court point of procedure (bifurcation) to one of appellate-jurisdictional importance. The consequence of this decision is that the circuit courts and parties who deal with charitable-immunity issues face a new appellate-jurisdiction rule that has the potential to be unevenly applied across the state.

Long asked this court to dismiss this appeal in her appellee's brief. The majority has done so. But a dismissal is not warranted. The…