Janice M. Cleland, Formerly Janice M. Godber, as of the Estate of Merlyn C. Godber, Deceased v. United States

As an appellate court, we generally do not consider nonjurisdictional issues raised for the first time on appeal. Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 2877, 49 L.Ed.2d 826 (1976); Hall v. Gus Constr. Co., 842 F.2d 1010, 1016 (8th Cir.1988); United States ex rel. Shakopee Mdewakanton Sioux Community v. Pan Am. Management Co., 789 F.2d 632, 635-36 (8th Cir.1986). This is not an absolute rule, however, and it is subject to our “prudence and discretion.” Struempler v. Bowen, 822 F.2d 40, 42 (8th Cir.1987). When the unraised issue is purely one of law, we may exercise our…