Bean v. Department of State, State Board of Funeral Directors

DISSENTING OPINION BY

Judge SMITH-RIBNER.

I dissent from the decision of the majority to reverse the May 7, 2003 order issued by the State Board of Funeral Directors (Board), which declared that irrevocable pre-need agreements for the purchase of services required at the time of death were subject to rescission at the customer’s request. The Board lacked subject matter jurisdiction to decide the question presented and to enter the order inasmuch as no case or controversy was presented that required a ruling. For this reason, the Board’s order should be vacated and declared a nullity and the…