Cleary v. Brown

I concur in the reasoning and the result of the Court’s opinion, and I certainly agree that there was no jurisdiction here to be retained. I write separately, however, to point out that the appellant’s counsel here has potentially placed in question this Court’s jurisdiction by permitting a parallel action to progress below during the pendency of the appeal without advising the Court of the existence of that action. Not only that, but the appellant and his counsel have potentially placed in jeopardy their ability to recover attorney fees in this Court.

The Court issued a memorandum decision in…