Calvin Johnson

Summary

Justice Hart's dissent concludes that the appellate court lacked jurisdiction over the interlocutory appeal because the circuit court did not expressly rule on sovereign immunity. Applying the prior jurisdictional rule and stare decisis, she would dismiss the appeal rather than presume the basis for the circuit court's ruling or overrule the precedent. Justice Danielson, dissenting, likewise would dismiss for lack of jurisdiction, while Special Justice Dobson, concurring, would affirm the disposition on the ground that sovereign immunity barred the claim.