Tullos v. Eaton Corp.

DISSENT ON MOTION FOR REHEARING

BURGESS, Justice.

I respectfully dissent. The majority has a disdain for the manner in which the jurisdiction question was presented to this court. In that, I agree. I must, however, dissent to the majority’s holding that the question of jurisdiction may not be advanced in the appellee’s motion for rehearing since it was not raised in his brief. As a general rule the majority is correct. The question of jurisdiction is an exception, if not the exception. The jurisdiction of this court may be raised and decided at any stage of the proceedings. St. Louis

Our court,…