John David Moore, Appellant v. Nancy Moore, Appellee — Brill, J., Concurring in Part and Dissenting in Part

Summary

Justice Brill agrees that the circuit court's order was final and appealable, but dissents from the majority's sua sponte decision to overrule longstanding precedent governing appreciation of nonmarital property. He reasons that consistent statutory interpretation, legislative acquiescence, separation of powers, and party presentation all required the court to leave that precedent intact and affirm the circuit court's application of it. Justice Wynne, dissenting, likewise would not permit the court to overrule the precedent without a developed party presentation and would remand the finality issue for reconsideration by the court of appeals.