Summary
noting certiorari was "improvidently granted"
Summary of this case from General Sec. v. TiptonOpinion
No. 880086.
May 23, 1989.
On Certiorari to the Utah Court of Appeals.
Michael E. Dyer, Lloyd A. Hardcastle, Salt Lake City, for Gilbert R. Wilburn.
Stuart L. Poelman, Larry R. Laycock, Salt Lake City, for Interstate Elec. and Nat. Union Fire Ins. Co.
Erie V. Boorman, Salt Lake City, for Second Injury Fund.
The petition for certiorari is hereby dismissed, the same having been improvidently granted.
DURHAM and ZIMMERMAN, JJ., and GREENWOOD, Court of Appeals Judge, concur.
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 suggested 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.