ON DENIAL OF PETITION FOR REHEARING.
As was expected, a petition for rehearing was filed by the Hospital on receiving the Court’s April 27, 1988, majority opinion reversing and remanding. The earlier opinion of April 23,1987, had affirmed the trial court, and but for the county’s petition for rehearing this litigation was over.
The basis of the petition for rehearing was a challenge to our reliance on the Carpenter case (as was also true of the trial court’s decision), which was said to constitute an over-ruling of the Court of Appeals holding in its 1984 Caldwell case, discussed and relied upon only by Chief Justice Shepard in his dissenting opinion. The county’s brief also argued that the trial court was bound by the Board of County Commissioner’s finding that “there is evidence in the record that as early as January of 1982 the Hendersons could be considered as medically indigent.” Another contention raised was this Court’s failure in not having addressed the challenge to the trial court’s allowance of prejudgment interest.1
Following oral reargument, in due time our opinion on rehearing issued in April 1988. A virtual reproduction of the earlier opinion, as I note now, again the issue of prejudgment interest was ignored. The only difference between the two opinions was that on this second go-around the majority decided that, “The issue of prejudice having been raised, the matter should have [not been affirmed but] been remanded by the district court to the county commissioners as required by I.C. § 67-5215(e) for hearings and findings on the issue of prejudice to the county.” (Maj.Op., p. 665, 760 P.2d p. 4.) In accordance therewith the judgment of the district court was now reversed for such proceedings. I can understand Justice Bakes’ abiding devotion to and concern for rules of procedure and statutes of procedure, and am not greatly disturbed that on this thought occurring to him that he could feel comfortable. Two other members of the court were not in the least concerned that such an issue had not been raised as an assignment of error in the county-appellant’s brief or in its petition and supporting brief on requesting a rehearing.
All of that which I wrote in that regard in my separate concurring 1988 opinion might as well not have been written, i.e., “Nor on appeal to this Court does the county raise such an issue.” (Conc.Op., p. 670, 760 P.2d p. 9). “Where there is not a requisite assignment of error, it ill-behooves an appellate court to raise an issue, and then reverse a district court on the basis that it holds error on the self-raised issue. Generally speaking, this is more often a philosophy espoused by Justice Bakes who, more often than not, rather strictly requires counsel to clearly delineate the issues presented.” (Conc.Op., p. 671, 760 P.2d p. 10). While I can understand the stance of Justice Bakes, I cannot understand the apathy and indifference of the other two members of the Court which culminated in the issuance of the 1988 opinion remanding this case to the district court for more litigation. One would like to think that, if the prior case law which I cited was not enough to deter such unseemly action, what Justice Bakes himself has stated should have been considered:
Finally, I am perplexed, as I am sure the parties will be, that the majority has chosen to address the punitive damages issue at all. It was not asserted to be an issue on appeal by either party and was neither briefed nor raised at oral argu*678ment, and is thus not before this Court. Our rule against deciding issues on appeal not raised by the parties was described by Justice Bistline in State v. Nield, 106 Idaho 665, 669, 682 P.2d 618 (1984), as:
‘A principle so well-established as to be unneedful of citation is that an appellate court, including (one would like to think) a state’s supreme court, will not consider issues in the abstract, and certainly not issues which are attempted to be raised for the very first time.’ 106 Idaho at 669, 682 P.2d 622.
In civil actions the Court has regularly held that, both under earlier statutes and more recently under the rules of appellate procedure, a party who does not raise an issue before the trial court, or who on appeal does not assert an issue as error on appeal, has waived that issue, and the issue will not be considered by this Court. Cox v. Mountin Vistas, Inc., 102 Idaho 714, 639 P.2d 12 (1981); Mollendorf v. Derry, 95 Idaho 1, 501 P.2d 199 (1972); Baldwin v. Ewing, 69 Idaho 176, 204 P.2d 430 (1949).
Brown v. Fritz, 108 Idaho 357, 366-67, 699 P.2d 1371 (footnotes omitted).
The Hospital/Henderson petition for rehearing and supporting brief aptly points to the fault of the court in remanding:
What is most shocking is that this Court has now stepped down from the bench and become an advocate in the case. When the question of whether or not the county had been prejudiced by any delay in notice from the hospital in compliance with
Idaho Code 31-3504 was raised in the District Court, the county was given the opportunity to supplement the record on this point. This procedure is clearly within the court’s authority.
SEE I.C. 67-5215 which in part reads as follows:
This section does not limit utilization of or the scope of judicial review available under other means of review, redress or relief provided by law ... ‘... By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the Court for the additional costs. The court may require subsequent corrections to the record and may also require or permit additions to the record.
‘(f)___In cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court.
‘(g)___The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of administrative findings, inferences, conclusions or decision are:
‘(1) in violation of constitutional or statutory provisions;
‘(2) in excess of the statutory authority of the agency;
‘(3) made upon unlawful procedure;
‘(4) affected by other error of law;
‘(5) clearly erroneous in view of the reliable, probitive, and substantial evidence on the whole record; or (DIST CRT MEMO DEC. Pg 6 C.R. Pg 29)
‘(6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.’ (DIST CRT MEMO DEC. Pg 6 C.R. Pg 29)
Upon applying the facts as contained in the record to the rule of law which had recently been published in the CARPENTER CASE, the District Court concluded that the application in this case, although filed some 34 days after the hospital learned of the filing of the Petition in Bankruptcy, was sufficient under the Carpenter ruling, unless the defendant county could show prejudice by the delay.
The county prosecuting attorney when faced with the ruling of the court that the county had the burden of showing prejudice due to any delayed notice given by the hospital, chose to rely on proof submitted to supplement the record by *679way of an Affidavit of Dwayne Smith. On submitting the supplement to the record, the prosecuting attorney stipulated and agreed that the matter could be decided in the District Court rather than remanding to the commissioners for a hearing. The prosecuting attorney, in submitting the Affidavit of Mr. Smith sent to the court a cover letter which was attached to the Affidavit. In that letter the prosecuting attorney advised the Court, .. 7 do not anticipate the need for a further evidentiary hearing in this matter unless Mr. Williams desires an opportunity to cross-examine Mr. Smith, or to present other evidence either directly or by affidavit.’
Brief of University of Utah Hospital on Petition for Rehearing, p. 4. In the same brief it is later stated:
It has been the long-standing rule in Idaho that a party cannot invite error at a trial and then assign it as error on appeal. This precedent has been of long duration not only in Idaho but in a majority of other jurisdictions. See the following:
DRIESBACH v LYNCH 259 P2[D] 1039, 74 ID [225] 230 ‘No objection appears in the record of the first trial by any of the parties to the procedure adopted by the Court and followed by the litigants. Appellants voluntarily consented to the form of procedure adopted by the Court and agreed to the manner in which their rights should be submitted for determination and they will not now be heard on this appeal to challenge such procedure as erroneous. In FRANK v FRANK, 47 ID 217, at Page 221, 273 P 943, at Page 944, we said:
‘While the opinion in PENNINGER LATERAL CO. v. CLARK, 22 ID 397, 126 P 524, no doubt announces the proper rule of procedure in such cases, there is the further rule, firmly established in this state, that where a party has consented to or invited the alleged error, the judgment will not be reversed. GASKILL v WASHINGTON WATER POWER CO., 17 ID 128, 105 P 51; TRASK v BOISE KING PLACES CO., 26 ID 290, 142 P 1073; DOVER LUMBER CO. v CASE, 31 ID 276, 170 P 108; POWERS v SECURITY SAVINGS AND TRUST CO., 38 ID 289, 222 P 799. The following statement is found in 4 C.J., Page 714, § 2627, supported by numerous cases: “Where a party voluntarily adopts a certain form of procedure or agrees to the manner in which his rights shall be submitted for determination in the trial court, he will not be permitted to complain on appeal or error, that proceedings had in conformity thereto were erroneous.”
‘See also, KLEINSCHMIDT v SCRIBNER, 54 ID 185, 30 P2 362; STATE v TAYLOR, 59 ID 724, 87 P2 454; RADERMACHER v DANIELS, 64 ID 376, 133 P2 713.’
Also see DUNCLICK INC. v UTAH IDAHO CONCRETE PIPE COMPANY 295 P2 700, 77 ID [499] 502 (1956) where admissions had been invited by the appellant it could not claim error on appeal.
I again direct the court’s attention to paragraph 2 in the county attorney’s letter to the District court Judge dated December 27, 1984, which letter was written the same day the Affidavit of Dwayne Smith was filed with the Court.
‘Minidoka County is prepared to rest on the Affidavit of Mr. Smith concerning the issue of prejudice. I do not anticipate the need for a further evidentiary hearing in this matter unless Mr. Williams desires an opportunity to cross examine Mr. Smith, or to present other evidence either directly or by affidavit. I certainly do not object to Mr. Williams presenting any evidence he may have by way of affidavit.’
That neither party objected to the District court resolving the issue of prejudice is evidenced by the letter from Dean Williams to the District Judge dated January 14, 1985. (see EXHIBIT “B” attached to the Motion for Rehearing)
Brief of University of Utah Hospital on Petition for Rehearing, p. 8-10.
Four of us were lax in regard to letting the first and second opinions issue without *680addressing the issue of prejudgment interest. Two were lax in allowing an opinion to issue which reversed and remanded on an issue which was not raised, and where the record showed enough to leave little doubt that neither party was asking for a remand for further proceedings.
Except for the fact that one vote is meaningless on a five-member court, I would vote to grant the Hospital/Henderson petition for rehearing in order to take up the yet undecided issue of prejudgment interest — which was not decided at all, and to reconsider whether the final decision should be affirmed, revised, or modified as to prejudgment interest, or reversed and remanded as per the 1988 judgment so concluding and directing. As things now stand both of the parties-litigant have been judicially wronged by this Court. Although two wrongs might be said to equal a right, to leave matters alone does not reflect favorably upon our appellate system.
. This assertion is true. Our 1987 opinion did not mention that the allowance of prejudgment interest was an issue. A re-examination of the county-appellant’s brief shows that the issue was raised and discussed under ARGUMENT, with citation of authority.