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523 So. 2d 461

Connerly v. Connerly

Court of Civil Appeals of Alabama

Decided April 6, 1988

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Court of Civil Appeals of Alabama · decided 1988-04-06

Cited by 12 later decisions — most recently June 2006

12 state decisions

Key passage — most relied on by later courts

“"(5) An argument (The argument may be preceded by a summary. The argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on). . .”

quoted by 3 later decisions, including 952 So. 2d 1149 - Gaddy v. State, 833 So. 2d 609 - BankAmerica Housing Services v. Lee

“"(a) Brief of the Appellant. The brief of the appellant shall contain under appropriate headings and in the order here indicated:”

quoted by 1 later decision, including 833 So. 2d 609 - BankAmerica Housing Services v. Lee

Relies on Melton v. Jackson · 516 So. 2d 725 - Barnhill v. Barnhill

Good law ✅— No negative treatment on recordhow we know

Decided 1988-04-06

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¶1

¶2This is an alimony modification case.

¶3The original divorce decree awarded periodic alimony to the wife in the amount of $300 per month. The husband sought to modify that decree.

¶4After an ore tenus hearing, the trial court did not change the $300 amount, but limited the period to receive such alimony to three years "unless extended by the Court."

¶5The wife appeals and we affirm.

¶6We have stated on several occasions heretofore that Rule 28, Alabama Rules of Appellate Procedure, provides in pertinent part as follows:

¶7 "(a) Brief of the Appellant. The brief of the appellant shall contain under appropriate headings and in the order here indicated:

¶8". . . .

¶9 "(5) An argument (The argument may be preceded by a summary. The argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on)."

¶10Where a party fails to substantially comply with the above, this court has no alternative but to affirm. See Melton v.Jackson, 284 Ala. 253, 224 So.2d 611 (1969); Barnhillv. Barnhill, 516 So.2d 725 (Ala.Civ.App. 1987); 2A Ala. Digest, Appeal Error, Key No. 758.1 (1982).

¶11Such is the case here. The wife in her argument section in brief provides no citation of authority. In other sections of her brief, the only citations of authority given concern general propositions of law regarding the ore tenus rule, the standard of review in alimony modification cases, and the burden of proof in such cases. The citations are found in footnote form only. Furthermore, they are not cited in such a way as to support the wife's contention of error on appeal. The wife's brief, therefore, does not substantially comply with Rule 28, A.R.A.P.

¶12The wife has requested an attorney's fee for representation on appeal. Needless to say, this request is denied.

¶13This case, therefore, is due to be affirmed.

¶14AFFIRMED.

¶15BRADLEY, P.J., and INGRAM, J., concur.

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