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507 So. 2d 963

Anderson v. Fields

Court of Civil Appeals of Alabama

Decided April 22, 1987

Court of Civil Appeals of Alabama · decided 1987-04-22

Cited by 2 later decisions — most recently April 1991

2 state decisions

Key passage — most relied on by later courts

““The record on appeal of the proceedings in the trial court must affirmatively demonstrate that the trial court committed error, and if that record itself does not disclose any such alleged error, we cannot consider the issue. An appellant must affirmatively show from the record on appeal that an alleged error was in fact committed, and matters set forth in a party’s brief cannot substitute for the record itself. Stated differently, this court cannot reverse where no record is presented for review.””

quoted by 1 later decision, including Smith v. Nickerson

Relies on 469 So. 2d 638 - Matter of Coleman · 477 So. 2d 433 - Porter v. Porter · Teng v. Diners Club, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1987-04-22

View the full empirical analysis of this case →

EDWARD N. SCRUGGS, Retired Circuit Judge.

¶1Since Mr. Anderson did not request a clerk’s record on appeal from the circuit clerk through a designation thereof under Rule 10(b) of the Alabama Rules of Appellate Procedure, no record was ever filed in this court.

¶2The record on appeal of the proceedings in the trial court must affirmatively demonstrate that the trial court committed error, and if that record itself does not disclose any such alleged error, we cannot consider the issue. Teng v. Diners Club, Inc., 424 So.2d 629 (Ala.Civ.App.1982). An appellant must affirmatively show from the record on appeal that an alleged error was in fact committed, Porter v. Porter, 477 So.2d 433 (Ala.Civ.App.1985), and matters set forth in a party’s brief cannot substitute for the record itself, Sellers v. Sellers, 497 So.2d 174 (Ala.Civ.App.1986). Stated differently, this court cannot reverse where no record is presented for review. Matter of Coleman, 469 So.2d 638 (Ala.Civ.App.1985).

¶3In short, since no record on appeal of any kind as to this case has ever been filed in this court, we have nothing to review. Accordingly, this case is affirmed.

¶4The foregoing opinion was prepared by Retired Circuit Judge EDWARD N. SCRUGGS while serving on active duty status as a judge of this court under the *964provisions of § 12-18-10(e) of the Code of Alabama of 1975, and this opinion is hereby adopted as that of the court.

¶5AFFIRMED.

All the Judges concur.
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