holding that appellant waives issue by failing to first raise it before the trial court
How later courts described this case
- holding that appellant waives issue by failing to first raise it before the trial court
- "We will not reverse a trial court's judgment based . . . on arguments not made to this court."
Written by the judges who cited it.
The opinion
In Ex parte Southeast Alabama Medical Center , 835 So.2d 1042
(Ala.Civ.App. 2002), this court held that an employee need not exhaust an employer-adopted utilization-review procedure before filing a complaint in the circuit court. Judge Thompson's well-reasoned dissent in that case concluded that the utilization-review procedures authorized by § 25-5-293 are an administrative prerequisite to obtaining a determination of the dispute in the trial court pursuant to § 25-5-77 (a) in those cases in which an employer has implemented such utilization-review procedures. Thus, based on my concurrence with Judge Thompson's dissent in Ex parte Southeast Alabama Medical Center , I would affirm the trial court's judgment in this case as well. Therefore, I concur only in the result.