DISSENTING OPINION
TOM GRAY, Chief Justice, dissenting.
We issued an opinion on March 23, 2005, in this appeal. I concurred without a separate opinion in the judgment which dismissed the appeal. It now has become necessary for me to explain why I agreed with the original disposition of the appeal and why I now must dissent.
It was immediately obvious to me upon reading the first sentence of the Memorandum Opinion that the case had been improperly...
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