Vorher v. Honorable S. L. Henriod

4 22 I concur in the result reached by the majority but write separately to express my disagreement with the majority's conclusion that Utah Code section 76-8-405(2) applies to appeals from justice court. The majority recognizes that "it is semantically difficult" to

reconcile the statute with the justice court appeal process, yet feels bound to do so by Wisden v. District Court, 694 P.2d 605 (Utah 1984) (per curiam). Supro 112. In my view, Wisden is of little precedential value because it is a thirty-year-old per curiam opinion with no statutory analysis. We should not feel bound by such an…