Patron v. Patron

It may be useful to expose some of the mysteries which have evolved with respect to the disposition of appeals to our court. The present concern relates to the authority of our court, either on motion of the respondent or sua sponte, to dismiss appeals on the ground that the determination sought to be appealed involved the exercise of a nonreviewable discretion. The term "discretion” has been said to include several distinct aspects.* Here we discuss what have been classified as two of the different applications of the concept. We consider discretion in the sense that what is involved is the…