Bauer Ex Rel. Bauer v. Bates Lumber Co.

It has been said that “a dissenting opinion has no function except to express the private view of the dissenter.” Wall v. Sonora Union High School District, 240 Cal.App.2d 870, 50 Cal.Rptr. 178 (1966). The same is true of a special concurring opinion. Neither has any binding effect as precedent. Lendsay v. Cotton, 123 So.2d 745 (Fla.App.1960), 95 A.L.R.2d 1029.

However, a dissenting opinion in the Court of Appeals may, perhaps, provide a sufficient basis for review by the Supreme Court by writ of certiorari to the Court of Appeals. Section 16-7-14(B), N.M.S.A. 1953 (Repl.Vol. 4).

Bauer’s fifth…