Metzger Brothers, Inc. v. Friedman

HEFLIN, Chief Justice (concurring) :

On June 7, 1971, there was presented to this court a motion by the appellant to allow it to amend its brief so that the appellant’s brief would comply with Rule 9 (b), Revised Rules of the Supreme Court of Alabama, 279 Ala. XXVI. This court voted to deny the appellant’s motion. The majority of the court felt that the motion came too late since the appellees had already filed their brief, as well as a motion to affirm judgment because of the failure of appellant to comply with Rule 9(b). I voted to grant this motion. I was motivated by a philosophy that…