Ashley Hartness, Appellant v. Rick Nuckles D/b/a Restoration Plus, Appellee — Hart, J., Dissenting

Summary

Justice Hart dissented, arguing that the majority improperly treated the existence of an express warranty as a threshold issue even though the warranty was undisputed and the issue had not been raised or ruled on below. She further contended that the majority issued an advisory opinion by addressing the applicability of a statutory notice requirement after barring the underlying argument. Finally, she maintained that the record contained some evidence of damages and would reverse and remand for valuation of the substandard work. Justice Baker, concurring, would affirm solely because Hartness failed to prove damages without speculation and would not reach the notice issue.