Gwin v. Nationwide Life Insurance Co.

(dissenting in case no. 1081462).

I concur with the holding that the petition for a writ of mandamus in case no. 1081436 should be dismissed. However, I must respectfully dissent as to the reversal of the trial court’s July 16, 2009, order in case no. 1081462. At this point in the proceeding, the question whether the State Personnel Board (“the Board”) is in this case has yet to be addressed. Plainly, the Board is closely intertwined in the facts and the law in this case. Although I recognize that the Board purported to withdraw its motion to intervene before the trial court ruled on it, that…