Saxon v. Purma

JOHN A. Fogleman, Justice,

dissenting. 1 can neither follow nor accept the majority opinion and action in this case. As I analyze the opinion, the majority is saying:

1. The action of the trial court on the motion to dismiss by the Commissioner of Revenues somehow affected the proceedings so that no action against the appellant was pending thereafter.

2. That appellee’s pleadings were amended in a matter of substance, apparently by his motion to sever.

3. Saxon had a right to rely upon appellee's motion to tax costs as insulation against his personal liability, and was thereby justified in…