You've identified a killer issue for appeal, no doubt a
winner. Congratulations! You still lose. How can that be?
In Novum Structures, LLC v. Choate Construction Company,
Inc., 698 Fed. Appx. 608 (11th Cir. 2017), the Eleventh
Circuit reiterated the rule that where a district court judgment is
based on multiple, independent grounds, an appellant must convince
the appellate court that every stated ground for the adverse
judgment is incorrect.
There, a general contractor sought indemnification from a
subcontractor for broken window panes and, after arbitration, was
awarded damages. After learning about more broken window panes, the
general contractor demanded more damages, and the sub filed a
declaratory judgment action in district court, arguing the claims
were barred by res judicata. The general contractor
counterclaimed.
