John Sequenzia v. Guerrieri Masonry, Inc.

Summary

The court held that the Appellate Court improperly reversed a negligence judgment on an instructional-error claim that the defendant had raised below but abandoned by failing to brief it on appeal. An appellate court may not decide an unraised or unbriefed issue unless it first provides the parties an opportunity for supplemental briefing or argument. The judgment was reversed and the case remanded for consideration of the claims properly presented to the Appellate Court.