The Court of Civil Appeals refused to consider an argument that was supported by only three short sentences that cited no legal authority. That argument was inadequate under Rule 28 of the Alabama Rules of Appellate Procedure and was effectively waived. Nance v. Southerland, No. 2080746 (Ala. Civ. App. Jan. 29, 2010).
Category Archives: Rule 28
Pro se appellant subject to rules requiring citation to authorities
In Hendricks v. KW Plastics, [Ms. 2070324], (Ala. Civ. App. Oct. 10, 2008), the Court of Civil Appeals refused to consider an argument because it was not supported by sufficient citations to the law. The fact that the appellant was acting pro se did not change the result.
Lack of Legal Citation, Citing Affidavit Outside Record Defeat Appeal
A summary judgment was affirmed where, on key points, the appellant failed to cite “relevant legal authority,” and pointed to an affidavit outside the record. Roberts v. NASCO Equip. Co., No. 1060170 (Ala. Nov. 16, 2007).