concurring in result.
[¶ 24] Having authored the opinion for the majority in Keller v. Keller, 1998 ND 179, 584 N.W.2d 509, 1 agree with Justice Mating this case is similar to Keller. I nevertheless concur in the result reached by Justice Kaps-ner to reverse and remand to permit the trial court to apply the proper analysis of the factors in Stout v. Stout, 1997 ND 61, 560 N.W.2d 903 to Vicki Goff's motion to relocate.
[¶ 25] I do so because our Constitution, art. VI, § 4, requires a majority of the Supreme Court to pronounce a decision in this case. Furthermore, N.D.C.C. § 27-02-22 provides:
The concurrence of a majority of the judges of the supreme court is necessary to pronounce judgment. If a majority does not concur, the case must be reheard, but no more than two rehearings may be had. If on the second rehearing a majority of the judges does not concur, the judgment must be affirmed.
We have no “concurrence of a majority of the judges” without my concurrence in the result, i.e., the remand, required by Justice Kapsner’s opinion. If a rehearing on this matter must be held, better it be held before the trial court than this court.
[¶ 26] Gerald W. Vande Walle, C.J.