Aliberti v. Solem

HENDERSON, Justice

(concurring in result).

As I believe that the scope and standard of review is not only difficult to understand but hazy in discourse, I concur in result. Certainly, I agree with the clearly erroneous rule on findings of fact. However, the opinion, as regards conclusions of law, or mixed questions of law, finds me groping for some type of theoretical certainty. If, in effect, we are adopting the Permann rule (Permann v. Department of Labor, Unemp. Ins. Div., 411 N.W.2d 113 (S.D.1987), we should so state.