Tipton v. Tipton

On Rehearing

COLEMAN, Justice.

Appellants make known to us that their brief was mailed on the 28th day after the filing of the transcript in this case. With reference to a petition for certiorari, we have held that posting or mailing is not the equivalent of filing. The reasons given for that holding with respect to filing a petition for certiorari apply with equal force to filing a brief.

In a recent case we have said:

“As stated in In re State ex rel. Attorney General, 185 Ala. 347, 349, 64 So. 310, 311, ‘Manifestly the posting of [a petition], properly addressed, is not a compliance with the…