Appellate Courts Hold Firm on Waiver

In a number of opinions released on January 11, 2008, the Alabama Supreme Court noted arguments that parties waived in their appellate briefs.  See Roper v. Rhodes, No. 1060331, p. 4 n. 4 (Ala. Jan 11, 2008)(plaintiff waived appellate review of trial court’s holding that secretary of state was not proper party to election contest because plaintiffs did not include argument pertaining to the issue in their appellate brief); DiBiasi et al. v. Joe Wheeler Electric Membership Corp., No. 1060848 (Ala. Jan. 11, 2008)(in wrongful death action, Court would not review summary judgment on plaintiffs’ wantonness claim because plaintiffs did not argue the issue in their appellate brief, and arguments made for the first time in a reply brief are not properly before the Court); but see, Bright v. Calhoun, No. 1061146 (Ala. Jan. 11, 2008)(mayor adequately briefed argument regarding interpretation of local act because question was one of first impression, and mayor cited cases explaining general rules of statutory construction in support of his argument).