EFTA00788112Set 9
107p21,462w
judgment as an
4 alternative basis for affirmance, which is
5 known as the Tipsy Coachman doctrine. I
6 filed a replay, and I said they have not
7 properly ... raised the Tipsy Coachman
8 arguments, because you can't just do it in a
9 footnote and incorporate a trial pleading.
10 That is where it stood ... Fischer decision, and also
20 specifically says, We properly raise this as
21 a Tipsy Coachman argument.
22 I am reading from page six. He says,
23 "The court
https://www.justice.gov/epstein/files/DataSet%209/EFTA00788112.pdf
EFTA00808549Set 9
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time" (App. * [3]), that the
probable cause issue was not properly raised as a "tipsy coachman" issue in Epstein's
Answer Brief (App. ( [3]), and that briefing of the probable ... present
probable cause as a point on appeal, and raised probable cause as a tipsy coachman
argument. Edwards is estopped from taking these contrary positions in his motion to
strike ... passage from its decision:
Epstein suggests that this case could be decided on a tipsy coachman
analysis, as he alleges that all the elements of the cause of action were
https://www.justice.gov/epstein/files/DataSet%209/EFTA00808549.pdf
EFTA00612483Set 9
2015-10-2035p8,537w
oral argument, indicating that
Edwards' motion would be opposed based in part upon the tipsy coachman doctrine.
An agreement could not be reached.
7. On September 18, 2015, this Court ... This question of law is properly before this Court under the
long-standing tipsy coachman doctrine that a reviewing court is bound to review the
entire lower court record ... Sept. 2, 2015)
("[T]he final judgment may be affirmed pursuant to tipsy coachman doctrine because
the trial court `reache[d] the right result, but for the wrong reasons.") (quoting
https://www.justice.gov/epstein/files/DataSet%209/EFTA00612483.pdf
EFTA01200578Set 9
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Moreover, contrary to Epstein's contention, neither the probable cause issue,
nor any other "tipsy coachman" issue, was somehow properly raised in his Answer
Brief. Epstein's attempt to incorporate
https://www.justice.gov/epstein/files/DataSet%209/EFTA01200578.pdf