Appellate Law

Appellate courts review judgments, not grounds

In a special concurrence in Ramsey v. Ramsey, Ms. 2060661 (Ala. Civ. App. May 23, 2008), Judge Pittman provided a reminder as to the function of the appellate courts. 

In his special concurrence to the opinion affirming the trial court, Judge Pittman stated that he "write[s] specially to stress that the Alabama trial court's specification of one particular ground for its decision . . . does not warrant reversal even if the Alabama trial court's recitation of that ground was erroneous."  Slip Op. p. 25.  He further stated that "[i]t is a fundamental proposition that '[t]he question to be determined by [an appellate] court is whether [a] judgment is correct, considering the evidence in [the] cause, not whether the ground upon which [the judgment] professes to proceed is tenable.'"  Id. (internal citations omitted, emphasis added by court).

Full post as published by Alabama Appellate Watch on May 28, 2008 (boomark / email).