New Bellum Homes, Inc. v. Giffin

This writer must respond to the personal assertions authored by the Chief Justice. The original opinion of New Bellum Homes, Inc. v. Giffin, 784 So.2d 139 (Miss. 2001), was published February 1, 2001, in which all but one Justice concurred at that time. Since then there have been two motions for rehearing, a motion to clarify, *676and more importantly, our opinion has now been published in West over a year ago and should have been deemed final. Our rules do not allow what has occurred with the majority’s order of the Chief Justice. The fifteen percent penalty was assessed according to the statute…