" ‘ “Appellate review does not consist of supine submission to erroneous legal concepts even though none of the parties declaimed the applicable law below. Our duty is to enunciate.the law on the record facts. Neither the parties nor the trial judge, by agreement or passivity, can force us to abdicate our appellate responsibility” ’ ” (quoting Forshey v. Principi, 284 F.3d *404 1335, 1359 n. 20 (Fed.Cir.2002), quoting in turn Empire Life Ins. Co. of America v. Valdak Corp., 468 F.2d 330, 334 (5th Cir.1972))
How later courts described this case
- " ‘ “Appellate review does not consist of supine submission to erroneous legal concepts even though none of the parties declaimed the applicable law below. Our duty is to enunciate.the law on the record facts. Neither the parties nor the trial judge, by agreement or passivity, can force us to abdicate our appellate responsibility” ’ ” (quoting Forshey v. Principi, 284 F.3d *404 1335, 1359 n. 20 (Fed.Cir.2002), quoting in turn Empire Life Ins. Co. of America v. Valdak Corp., 468 F.2d 330, 334 (5th Cir.1972))
- " ‘ "Appellate review does not consist of supine submission to erroneous legal concepts.... Our duty to enunciate the law on the record facts. Neither the parties nor the trial judge, by agreement or by-passivity, can force us to abdicate our appellate responsibility.” ’ ” (quoting Forshey v. Principi, 284 F.3d 1335, 1357 n. 20 (Fed.Cir.2002), quoting in turn Empire Life Ins. Co. of America v. Valdak Corp., 468 F.2d 330, 334 (5th Cir.1972))
- "This Court cannot avoid its obligation to affirm the trial court's judgment if that court has reached the correct result. . . ."
- An appellate court “can affirm a judgment on a basis not asserted in the trial court.”
Written by the judges who cited it.
The opinion
In Blue Cross Blue Shield of Alabama, Inc. v. Nielsen , 714 So.2d 293 , 296-97 (Ala. 1998), this Court stated:
"[W]e conclude that the language of § 10-4-115
plainly and unambiguously states that corporations formed under § 10-4-110 et seq., as [BCBS] was, are not regulated by the insurance laws of this State unless § 10-4-110 et seq. are expressly amended to apply such laws. This interpretation is also supported by the wording of § 27-1-4 , which expressly states that laws appearing in the Alabama Insurance Code (Title 27) do not apply to companies, like [BCBS], that are organized under the provisions of § 10-4-100 , unless § 10-4-100 et seq. expressly provide that such laws apply."
The majority does not overrule Nielsen , and, in my opinion, construes the holding in Nielsen in an unduly narrow manner. Therefore, I respectfully dissent.