Mouzavires v. Baxter

Today we draw the curtain on a long-playing act of virtual judicial futility. Our resolution of this appeal has no precedential significance, as the court is split 4-4 on the significant legal issue presented. The lead opinion incorrectly is designated as a “per curiam” opinion. It cannot be, as a per curiam opinion speaks for the court, whereas the lead opinion speaks only for four judges. Similarly, there is no holding here; there is nothing more than a judgment of reversal. Only by virtue of Judge KELLY’s concurrence in the result of reversal is the trial court’s order overturned.

It is…