Schmidt v. Huston
Annotate this CaseThis was an appeal of a judgment denying a claim for contribution on equitable principles in an action by one co-guarantor against another co-guarantor. One of two independent grounds for the district court’s decision was not challenged on appeal, and we therefore affirm the judgment of the district court without addressing either ground. In his opening brief, plaintiff-appellant R. Gordon Schmidt did not state the basis for the trial court’s rulings, did not state the standard of review and, therefore, did not present any argument and authority showing how the court abused its discretion. Therefore, he waived those issues on appeal. More significantly, the district court based its ruling on two alternative grounds. Although Schmidt argued the Supreme Court should reweigh the equities as to the first ground addressed by the district court, he did not mention the second ground. "Where a lower court makes a ruling based on two alternative grounds and only one of those grounds is challenged on appeal, the appellate court must affirm on the uncontested basis." Therefore, the Supreme Court did not address the merits of either ground on appeal. The judgment of the district court was affirmed.
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