concurring in part and dissenting in part.
Although I agree with Division 1 of the opinion, I respectfully dissent from Divisions 2 through 6 because the issue on which the opinion is based was never argued by the parties. The majority concludes that because the complaint’s allegations against the hospital were not based solely upon allegations of respondeat superior, summary judgment as to those claims which were independent of Dr. *896Azar was improper, since the sovereign immunity bar did not apply. Regardless of whether I agree in theory with this statement of law, the present facts do not warrant this conclusion.
Plaintiffs’ complaint asserts two basic theories of recovery against DHR; there are allegations of direct liability and theories based on derivative liability. From a review of the record, it is clear that the complaint is the only time that the claims of direct liability against DHR are raised. The fact that the complaint alleges liability which is independent of Dr. Azar is never referred to by the parties. Both in the court below and in this court, the parties have limited their arguments solely to the issue of derivative liability and the parties conceded that the issues in this case involve only claims of derivative liability.1
It is a fundamental rule of appellate practice that this court does not consider arguments which were not argued before the trial court. See generally Comer v. Nat. Bank of Georgia, 184 Ga. App. 867 (3) (363 SE2d 153) (1987). The majority opinion fails to follow this rule and, in doing so, appears to apply a “wrong for any reason” rule, in contravention of the right for any reason rule. See, e.g., Dunwoody-Woodlands Condo. Assn. v. Hedquist, 199 Ga. App. 91 (2) (403 SE2d 893) (1991). “It is not the function of an appellate court to cull the record on behalf of a party in search of instances of error. [Cits.]” Mauldin v. Weinstock, 201 Ga. App. 514, 517 (3) (411 SE2d 370) (1991).
Although I am aware that Price v. Dept. of Transp., 257 Ga. 535 (361 SE2d 146) (1987), emphasized that the claim asserted was critical to resolving the issue of immunity (discussed in Division 3 of the majority opinion), I do not think that Price contemplated the deviation from basic rules of appellate practice which the majority demonstrates. Accordingly, I would affirm the trial court’s ruling and grant summary judgment to DHR.
Moreover, even assuming arguendo that the DHR’s motion for summary judgment did implicitly raise issues of direct liability, it was incumbent upon the plaintiffs to affirmatively respond to this issue. See Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991). Under this analysis, plaintiffs’ absolute failure to present evidence, or even to articulate an argument regarding the allegations of direct liability would also mandate an affirmance of the trial court’s order.
Despite my belief that summary judgment was correct as to Case No. A92A0793, I concur in the majority’s affirmance of summary judgment with respect to the cross-appeal, Case No. A92A0794. *897“ ‘The issues were hardly clearcut and posed a serious question both for the trial court and this court. [Appellants’] claim cannot be considered as lacking substantial justification or as being interposed for delay or harassment.’ [Cit.]” Deutz-Allis Credit Corp. v. Phillips, 193 Ga. App. 79, 80 (1) (387 SE2d 34) (1989); see also Colquitt v. Network Rental, 195 Ga. App. 244 (2a) (393 SE2d 28) (1990). Accordingly, I would affirm the trial court’s grant of summary judgment as tp the cross-appeal.
Decided December 3, 1992 — Reconsideration denied December 18, 1992 Robert H. Benfield, Jr., for appellants. Michael J. Bowers, Attorney General, William C. Joy, Senior Assistant Attorney General, William M. Droze, Assistant Attorney General, for appellee. I am authorized to state that Presiding Judge Birdsong and Judge Pope join in this opinion.Further, there is no indication that the motion for summary judgment was ever construed by the parties, or by the court, as one for partial summary judgment.