Right For The Wrong Reason - Reversal Requires More Than Just An Error

Challenging an adverse judgment on appeal is an uphill battle from the start. A major part of winning an appeal requires demonstrating that an error occurred and confirming that the error was properly raised in the trial court. But more may be required. If the judgment can be affirmed on a basis unaffected by the error, then an appellate court will not reverse.

This legal concept was recently reaffirmed in Tower Hill Preferred Ins. Co. v. Cabrera, 4D16-220, 2017 WL 2264643, at *1 (Fla. 4th DCA May 24, 2017). There, the appellant argued that certain evidence was improperly admitted. In a very brief opinion, the appellate court stated that it was affirming based on the "tipsy coachman doctrine." Pursuant to that doctrine, "even though a trial court's ruling is based on improper reasoning, the ruling will be upheld if there is any theory or principle of law in the record which would support the ruling."