Storey v. Shane

Hill, J.

(concurring specially)—I am in entire accord with the majority’s determination of the present case. I am concerned with the situation which may arise (under our holding that the rule requiring action within a year is not tolled until the trial court passes on the motion for summary judgment) where the trial judge does not announce his decision on the motion until after the year has run. It seems to me that the period during which a trial judge has the motion under advisement should not be counted as part of the year and that we should so state.

Ott, C. J., concurs with Hill, J.