Keota Mills & Elevator v. Gamble

1 The majority has determined this matter on an issue-tolling under 12 0.$.2001, § 101-which was not framed or argued by the parties This 2001 action on a 1989 promissory note was submitted to the trial court by the parties as an agreed question of law on stipulated facts and we are not free to substitute our own issues for those issues which were actually presented below.

12 It is well settled that appellate courts are not free to raise issues sue sponte and address claims or defenses that the parties did not present in the court below. Jordan v. Jordan, 2006 OK 88, 151 P.3d 117, 120. Our…