Gorman v. Miller

hi dissent from the proposition posed by the majority that a remand is necessary in this case to achieve “justice.” The plaintiff has filed a suit for damages and a claim under 42 U.S.C. § 1983. The suit was unanswered, yet the trial court dismissed the suit following a rigorous cross-examination by the trial court itself. When the plaintiff appealed, he was met by a rule to show cause issued by this Court asking him to show cause why his appeal should not be dismissed. As of this date, this Court has neither disposed of the show cause nor offered any explanation for its issuance.

In…