Bill Brown Realty, Inc. v. Abbott

I respectfully dissent since the main opinion digresses into matters not made issues at the trial court level and hence not reviewable here under the well-recognized rules of appellate jurisdiction and authority.

This matter was presented to the trial court on the respective motions of each party for summary judgment and both motions clearly state no facts to be in dispute. Plaintiff’s motion specifically states:

It was concluded by the Court and counsel at the pre-trial that there are only two real issues to be resolved upon a trial of the matter. The first is a determination as to when the…