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387 So. 2d 201

Dethlefs v. Etnire

Supreme Court of Alabama

Decided August 29, 1980

Supreme Court of Alabama · decided 1980-08-29

Cited by 5 later decisions — most recently October 2007

5 state decisions

Relies on Abernathy v. Worthy

Good law ✅— No negative treatment on recordhow we know

Decided 1980-08-29

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JONES, Justice.

¶1The statement of the issues and the attendant argument in Appellant’s brief challenge no adverse ruling by the trial Court; therefore, we have no issue presented for review and no authority to review this case. Thus, we affirm the trial Court’s grant of a final injunction prohibiting the Defendant from foreclosing on the subject property on the authority of Abernathy v. Worthy, 221 Ala. 527, 129 So. 472 (1930).

¶2Appellees have filed a motion for damages for frivolous appeal. Although we find no merit in the appeal, our study of the record and the briefs of counsel narrowly convinces us that this appeal does not fall within the frivolous appeal provisions of ARAP 38. We therefore deny the motion.

¶3AFFIRMED.

BEATTY, J., concurs.TORBERT, C. J., and MADDOX and SHORES, JJ., concur in the result.
TORBERT, Chief Justice

¶4(concurring in the result):

¶5I concur in the result, but would bottom affirmance on the merits of this case.

¶6MADDOX and SHORES, JJ., concur.

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