DeBry v. Noble
In DeBry v. Noble, 889 P.2d 428, 444 (Utah 1995), the court of appeals affirmed the dismissal of a complaint on the basis that the claims were barred by sovereign immunity. Id.
The DeBrys argued before the Court that they had been denied procedural due process because the court of appeals based its affirmance on an issue that was not briefed or presented to the court of appeals or to the trial court. Id.
The Court rejected the DeBrys' due process argument and held that the "affirm on any ground" rule "does not deprive a party of due process." Id.