Nature's 10 Jewelers v. Gunderson

A

[¶ 17.] Few rules are more settled than the one that requires appellate judges to limit themselves to reviewing issues the parties preserved below and raised on appeal. Here, the Court departs from that reliable process by raising its own challenge to the trial court’s decision. In doing so, the majority makes findings of fact and considers a question not broached in the trial court and not brought to us for decision.3 Moreover, to reverse the trial *808court in this case, the majority raises an affirmative defense on plaintiffs’ behalf. A claim that a contract is void or voidable is an…