Peppe v. Knoepp

OPINION

By HORNBECK, J.

At times in this Court, a case after submission is assigned to a member for opinion before the full Court has agreed on the judgment. In that situation, final consideration is deferred until the opinion is prepared and the Court may consider it along with the evidence and the briefs. That was the procedure followed on this appeal and explains why the minority opinion sets forth the operative facts and discusses the specific assignments of error and cases cited by counsel.

We adopt the statement of facts and are in accord with the minority opinion, in the main, but differ…