Clark v. Olsen

The majority opinion is well written and by it the Court is now making a proper disposition of the case. My reason for not joining the opinion is simply that I do not concur in the decision to withdraw the former majority opinion which amazingly reached a different result and commanded three votes in addition to the author’s. This Court does a lot of unnecessary wheel spinning in withdrawing opinions instead of simply changing the vote count as it did in former times. See, for example, Renner v. Edwards, 93 Idaho 836, 475 P.2d 530 (1970).

Naturally, I join the judgment of the Court, which is…