Fireison v. Pearson

I view the recall of the mandate by this division, sua sponte, as amounting to the raw exercise of power, and incompatible with the orderly administration of justice. Presumably the majority in doing so is not without qualms, since it deems it necessary to preface its opinion with the notation that Luvie Pearson (the losing party in our prior decision issued January 29, 1986) had filed a petition for rehearing en banc. I suggest that this reference to an unsuccessful en banc petition is of no legal significance whatever under the circumstances here.

We have already decided this case. Fireison…