Keota Mills & Elevator v. Gamble

1 The majority opinion not only calls into question, but essentially destroys, over ninety-five years of precedent laid down by this Court.1 After publication of the majority's *1166pronouncement, the practice of utilizing "trial stipulations" as we have known it and its effectiveness in streamlining the trial process will be forever lost. The opinion's change of the rules regarding trial preparation: blind sides the appellee/defendant, Othel Gambel, Jr. (Gamble), without any opportunity for a response to an issue first considered sua sponte on appeal; robs Gamble of the trial court's…