Akyan v. Auto Club Ins Ass'n
In Akyan v. Auto Club Ins Ass'n (On Rehearing), 208 Mich. App. 271, 274-275, 527 N.W.2d 63 (1994), defendant also urged an alternate ground for sustaining a dismissal that was granted in its favor.
The alternate ground was raised and apparently rejected by the trial court in granting defendant a dismissal on other grounds.
The Court indicated that although it would normally be precluded from hearing the issue because a cross-appeal was not filed, it would hear the issue because the argument was an alternate ground for sustaining the judgment. Akyan, 208 Mich. App. at 274.