Rhea v. Smith

This case was assigned to me in Division Two, where I wrote an opinion holding that the judgment below should be reversed and remanded with directions. My brother White there wrote an opinion, which was labeled a dissenting opinion, and took the contrary view. As there was no opinion in division, the case was transferred to Court en Banc. Here the majority of the court rejected my opinion and the case was reassigned to Judge White and he has written the opinion of the court. I have carefully considered his opinion and cannot.yield my concurrence therein and respectfully dissent. I will use by…