Johnson v. McNeilus Truck & Manufacturing, Inc.

I respectfully dissent. I write first to note my continued concern with this Court’s inclination to intrude into areas properly reserved to the trial court’s discretion, with the added detriment of unduly expanding this Court’s “piecemeal” appellate jurisdiction. Previously, this Court sought to avoid reviewing cases in such a fashion and quoted with approval the federal plan of constraining the use of extraordinary writs:

“ ‘In strictly circumscribing piecemeal appeal, Congress must have realized that in the course of judicial decision some interlocutory orders might be erroneous. The…