Legal Opinion

Braxton v. Stewart

Court of Civil Appeals of Alabama

Decided October 12, 1988No. Civ. 6699PublishedCited by 44 opinions

1Opinion of the Court

This is an appeal from a final order of the Circuit Court of Geneva County.

Stewart, the appellee, has made a motion to dismiss this appeal on the grounds that appellants, the Braxtons, have failed to substantially comply with the requirements of Rule 28(a), Alabama Rules of Appellate Procedure.

We find that the Braxtons' brief, in fact, does not comply with Rule 28(a), A.R.A.P.

Generally, the policy of the Court of Civil Appeals is to reach the merits of an appeal whenever possible. Battles v. SanAnn Service Inc., 441 So.2d 925 (Ala.Civ.App. 1983).

However, we find that the Braxtons' brief so…

2Cases cited4 opinions

  1. Ex Parte RileySupreme Court of Alabama · 1985
  2. Thoman Engineers, Inc. v. McDonaldCourt of Civil Appeals of Alabama · 1976
  3. Lambert v. Pinckard Agency, Inc.Court of Civil Appeals of Alabama · 1987
  4. Battles v. San Ann Service, Inc.Court of Civil Appeals of Alabama · 1983

3Cited by44 opinions

  1. Tucker v. Cullman-Jefferson Counties Gas Dist.Supreme Court of Alabama · 2003
  2. Boyce v. CasseseSupreme Court of Alabama · 2006
  3. Bagley v. Mazda Motor Corp.Supreme Court of Alabama · 2003
  4. Cain v. HoworthSupreme Court of Alabama · 2003
  5. Cook's Pest Control, Inc. v. RebarSupreme Court of Alabama · 2009

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