Emery Ex Rel. Emery v. University of New Mexico Medical Center

(specially concurring in result).

I specially concur in the result.

I specially concur solely to attempt to protect plaintiffs’ rights although these rights may have been lost in accordance with our Rules of Civil Procedure and judicial announcements.

Judge Wood’s opinion has disregarded the issues raised in the trial court, cast aside defendant’s excellent and provocative brief and created a non-existent summary judgment. The purpose of the opinion was to discover some procedural method that would preserve plaintiffs’ rights in order to effect “justice” as the public understands it — the right…