Capital Color Printing, Inc. v. Ahern

While I fully concur with Division 1 of the majority, I respectfully dissent to the holding in Division 2 that a material issue of fact exists as to whether Heflin signed Ahern’s name with Ahern’s apparent authority, for two reasons. First, the apparent authority doctrine should not be used to reverse in this case because the trial court’s ruling on this issue was not enumerated as error or addressed by any of the parties in their briefs to this court before our initial opinion was issued. Second, no genuine issue of material fact exists as to whether Heflin signed Ahern’s name with apparent…