Spitzer v. Barnhill

The Majority of this Court is holding that the Chancery Court abused its discretion in dissolving the temporary restraining order. I agree with that portion of the Opinion. But the Majority is holding that the Chancery Court should transfer the tort action to the law court. Here is the directive in the Majority Opinion: “The decree is reversed and the cause remanded with directions that the restraining order be reinstated and that the tort action be transferred to law.”

I dissent from so much of the Majority Opinion in this case as directs that the tort action he transferred to lato. I think…