Brunswick Floors, Inc. v. Shuman

I respectfully dissent because both the majority and the responding dissent address an issue in Division 1 which is not properly before us. Thus a gratuitous ruling is made.

Appellant’s enumeration of error is that “the trial court erred on the issue of submitting attorney’s fees for the appellees to the jury.” Neither in its motion for directed verdict on attorney fees, nor even in its motion for judgment notwithstanding the verdict, did counter-defendant raise the issue of whether or not there was sufficient competent evidence of the amount of attorney fees for that element of damages to be…