Ex Parte Save Our Streams, Inc.

Rule 39, A.R.App.P., "Review of Decisions of Courts of Appeals," is admittedly not organized in the clearest fashion. From its title, the practitioner might logically assume that resort to this rule would be necessary only after obtaining a final disposition of a case in an intermediate appellate court. The first ten subsections of Rule 39, (a)-(j), would substantiate that assumption. In the eleventh subsection, (k), however, the second and third sentences set forth what must be done while making an application for rehearing in the intermediate appellate court in order to have this Court…