Haynes v. World Color Press

I concur with the majority as to the disposition of the first issue. I cannot, however, agree that we should not reach the second, on the ground that it was not properly preserved. In so saying, I fully understand the time-honored general rule forbidding an appellate court from deciding an issue that was not preserved at the trial level unless the error raised can be considered fundamental. There is, however, a very narrow exception to this rule, recognizing that once an appellate court has jurisdiction, it may, if it considers it necessary to do so, decide any issue that may affect the case.…