Utah Supreme Court, 1989

Wilburn v. Interstate Electric

Wilburn v. Interstate Electric
Utah Supreme Court · Decided May 23, 1989 · Does, Durham, Greenwood, Hall, Herein, Howe, Stewart, Zimmerman
774 P.2d 1149; 109 Utah Adv. Rep. 11; 1989 Utah LEXIS 39; 1989 WL 55366 (Pacific Reporter, Second Series)

Wilburn v. Interstate Electric

Opinion of the Court

HALL, Chief Justice:

The petition for certiorari is hereby dismissed, the same having been improvidently granted.

DURHAM and ZIMMERMAN, JJ., and GREENWOOD, Court of Appeals Judge, concur.

060remittitur

HOWE, Associate Chief Justice

(dissenting):

I dissent. I do not join in dismissing the writ of certiorari. No valid reason exists for doing so, and the majority expresses none. In Israel Pagan Estate v. Capitol Thrift and Loan, 771 P.2d 1032, 1033, 104 Utah Adv.Rep. 3, 3-4 (Utah 1989) (Howe, Associate C.J., dissenting), I set out the conditions under which the United States Supreme Court dismisses writs of certiorari as having been improvidently granted and *1150suggested that we follow its practice. None of those conditions exist here, and I decry the wasteful use of time and money of the parties, their lawyers and this Court which dismissal promotes. I refer the reader to that opinion for a full expression of my views on this practice.

STEWART, J., does not participate herein; GREENWOOD, Court of Appeals Judge, sat.

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