Municipal Workers Compensation Fund, Inc. v. Morgan Keegan & Co.

(concurring specially),

The main opinion notes that Morgan Keegan & Company, Inc., and Morgan Asset Management, Inc. (“MAM”), argue for the “affirmance of the trial court’s order on an alternative ground that was presented to the trial court but that was not relied upon by the trial court.” 190 So.3d at 908. Quoting McMillan, Ltd. v. Warrior Drilling & Engineering Co., 512 So.2d 14, 24 (Ala.1986), the main opinion explains that the assertion of this “alternative, ground” need not be by way of a cross-appeal. I agree. I write separately to add that I see nothing in McMillan, or the authorities…