Tolbert v. Kern

On Petition for Rehearing

Prime, C. J.

— Although I concurred with the Per Curiam opinion previously handed down in this case ordering dismissal, and now concur in the denial of the petition for rehearing, I feel impelled to state my further feelings in the matter upon consideration of the petition for rehearing.

It is my considered opinion that this is a case where the application of Rule 2-19 and Rule 2-15A of the Supreme Court should be tempered with understanding and consideration.

This court should have the authority and discretion to decide when emergencies should, excuse technical failures…