DCM Investment Corp. v. Pinecrest Investment Co.

Chief Justice HOWE,

concurring:

T19 I concur except I do not join the majority's pronouncement that the trial court "would have been justified" in valuing the interest of SAL IV at $10,000. That issue has not been raised by the parties on appeal and has not been briefed. Under well accepted rules of appellate review, this issue should not be raised sua sponte by the court and decided without briefing and argument by the parties. I therefore express no opinion on that issue.

20 Associate Chief Justice RUSSON concurs in Chief Justice HOWE's concurring opinion.