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604 So. 2d 353

McLemore v. Fleming

Supreme Court of Alabama

Decided August 21, 1992

Supreme Court of Alabama · decided 1992-08-21

Key passage — most relied on by later courts

“[t]he 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 9 later decisions, including Whited v. Holmes, 718 So. 2d 1140 - Concerned Citizens v. City of Fairfield

“`Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor [our] function to perform all of the legal research for an appellant.'”

quoted by 9 later decisions, including Birmingham Hockey Club, Inc. v. NCCI, INC., DRUMMOND CO., INC. v. Johnson

Relies on 601 So. 2d 76 - Spradlin v. Spradlin · 483 So. 2d 392 - Fisher v. Space of Pensacola, Inc. · Gibson v. Nix

Good law ✅— No negative treatment on recordhow we know

Decided 1992-08-21

How this case has been cited

Cited by 88 later decisions — most recently August 2018 · most notably 637 So. 2d 901 - Martin v. Martin (1994), 686 So. 2d 1222 - Asam v. Devereaux (1996)

88 state decisions

490199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1

¶2Jessie Nadine McLemore appeals from a summary judgment in favor of Roy Fleming, the executor of the estate of O.J. Fleming, deceased.

¶3The argument of the appellant contains no citation to any authority or to the record. In substance, the brief of the appellant consists of a series of undelineated conclusions.

¶4Rule 28, Ala.R.App.P., lists certain things that "[t]he brief of the appellant shall contain." One of the items that "shall" be included in such a brief is an argument. Ala.R.App.P. 28(a)(5). Rule 28(a)(5) further provides that "[t]he argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citationsto the authorities, statutes and parts of the record reliedon." (Emphasis added.)

¶5In Gibson v. Nix, 460 So.2d 1346, 1347 (Ala.Civ.App. 1984), the court stated: "Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor [our] function to perform all of the legal research for an appellant." See Henderson v. Alabama A M University,483 So.2d 392 (Ala. 1986) (quoting Gibson with approval).

¶6Furthermore, we cannot, based on undelineated propositions, create legal arguments for the appellant. Spradlin v. City ofBirmingham, 601 So.2d 76 (Ala. 1992).

¶7We conclude that the appellant has not adequately presented any issue for review.

¶8AFFIRMED.

¶9HORNSBY, C.J., and SHORES and HOUSTON, JJ., concur.

¶10MADDOX, J., concurs in the result.

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