California, United States of America
The following excerpt is from Clothesrigger, Inc. v. GTE Corp., 191 Cal.App.3d 605, 236 Cal.Rptr. 605 (Cal. App. 1987):
"(3) Where the trial judge fails to pass on the merits in reaching a decision, grounds which might have been sufficient to sustain it on the merits will not be considered. (Gosnell v. Webb (1943) 60 C.A.2d 1, 5, 139 P.2d 985 [denial of motion to reduce alimony on erroneous ground that decree merely approved property settlement and was not subject to modification].)
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