Syth v. Parke

concurs in the opinion of Justice BOYLE, and now dissents to the majority opinion based on the content of his earlier opinion filed May 23,1991,121 Idaho 156, 823 P.2d 760 which is not withdrawn and to which is added the following:

The Chief Justice, in authoring the majority opinion, has drawn on the vast knowledge of prior cases which he has accumulated in twenty years on the Supreme Court bench, and produced the one case which seemingly fills the bill for eradicating the efforts—as well as the result—of a district judge who entertained doubts as to his initial ruling serious enough that he…