Dade County School Board v. Radio Station WQBA

In Dade County School Board v. Radio Station WQBA, 731 So. 2d 638, 645 (Fla. 1999), the Court resolved a conflict regarding whether a trial court's ruling could be affirmed based on a theory or principle of law that was not argued to the trial court. The Court adhered to the principle generally known as the "tipsy coachman" rule, explaining that a trial court's ruling "will be upheld if there is any basis which would support the judgment in the record." Radio Station WQBA, 731 So. 2d at 644. The Court then further explained that because a trial court's ruling must be affirmed where the record supports any legal basis for the judgment, an appellee may raise an argument on appeal that was not raised in the trial court so long as the argument has a reasonable basis in the record. "If an appellate court, in considering whether to uphold or overturn a lower court's judgment, is not limited to consideration of the reasons given by the trial court but rather must affirm the judgment if it is legally correct regardless of those reasons, it follows that an appellee, in arguing for the affirmance of a judgment, is not limited to legal arguments expressly asserted as grounds for the judgment in the court below. It stands to reason that the appellee can present any argument supported by the record even if not expressly asserted in the lower court. See MacNeill v. O'Neal, 238 So. 2d 614, 615 (Fla. 1970). In MacNeill, this Court cited prior cases holding that an appellee "not aggrieved by the lower court's decision need not file cross-assignments of error in order to have the points considered on appeal." See Cerniglia v. C & D Farms, Inc., 203 So. 2d 1 (Fla. 1967); Hall v. Florida Bd. of Pharmacy, 177 So. 2d 833 (Fla. 1965). "These cases recognize that a party who is content with the judgment below need not assign error in order to support that judgment and is not limited in the appellate courts to the theories of recovery stated by the trial court." MacNeill, 238 So. 2d at 615. While the Rules of Appellate Procedure no longer provide for assignments of error, what the MacNeill court said is analogous to saying that an appellee need not raise and preserve alternative grounds for the lower court's judgment in order to assert them in defense when the appellant attacks the judgment on appeal." Id. at 645. In brief, the Court concluded that the reviewing court may not preclude an appellee from raising an alternative basis to support the trial court's ruling solely because the argument was not preserved.