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583 So. 2d 1337

Jacobs v. Jacobs

Supreme Court of Alabama

Decided July 12, 1991

Supreme Court of Alabama · decided 1991-07-12

Cited by 1 later decisions — most recently February 2008

1 state decisions

Key passage — most relied on by later courts

“Appellants who fail to comply with A[la]. R.App. P. 28(a) place themselves in a perilous position. While we attempt to avoid dismissing appeals . . . on what may be seen as technicalities, we are sometimes unable to address the merits of an appellant's claim when the appellant fails to articulate that claim and presents no authorities in support of that claim.”

quoted by 1 later decision, including 993 So. 2d 462 - Ex Parte Cleghorn

Relies on 565 So. 2d 212 - Sea Calm Shipping Co., S.A. v. Cooks · Stover v. Alabama Farm Bureau Ins. Co. · Stephens v. Lindsey

Good law ✅— No negative treatment on recordhow we know

Decided 1991-07-12

View the full empirical analysis of this case →

PER CURIAM.

¶1This appeal is dismissed, ex mero motu, because the appellant has failed to comply with the requirements set forth in A.R.App.P. 28(a). See Spradlin v. Drennen Cadillac Co., 578 So.2d 1251 (Ala.1991) (appellant failed to submit an argument containing “ ‘contentions ... with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes, and parts of the record relied on’ ”); Sea Calm Shipping Co., S.A. v. Cooks, 565 So.2d 212 (Ala.1990) (appellant failed to cite any authority for an argument); Stephens v. Lindsey, 542 So.2d 278, 278 (Ala.1989) (appellant failed to submit an argument containing “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”).

¶2As was stated in Stover v. Alabama Farm Bureau Ins. Co., 467 So.2d 251, 253 (Ala.1985):

“Appellants who fail to comply with A.R.App.P. 28(a) place themselves in a perilous position. While we attempt to avoid dismissing appeals ... on what may be seen as technicalities, we are sometimes unable to address the merits of an appellant’s claim when the appellant fails to articulate that claim and presents no authorities in support of that claim. Under appropriate circumstances we will refuse to consider the appeal.”

¶3Based on the foregoing, we dismiss the appeal.1

¶4APPEAL DISMISSED.

HORNSBY, C.J., and MADDOX, ALMON, ADAMS, HOUSTON, STEAGALL and INGRAM, JJ., concur.

¶5. Because the appeal is dismissed, we do not consider the appellee’s alternative motion seeking to strike the appellant’s brief and asking for other relief.

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