Legal Opinion · Concurrence

Groover ex rel. Groover v. Johnston

Supreme Court of Alabama

Decided September 30, 2009No. 1071143Published

1ConcurrenceSmith, Justice

I concur in the Court’s decision to affirm without opinion the summary judgment entered in favor of Dr. William H. Johnston, Jr., and Birmingham Pediatric Associates, Inc. (“Birmingham Pediatric”),1 in the action filed by Greg Groover and Melinda Groover, as parents and next friends of Lennon Groover, a minor. As discussed in Part I below, an opinion is not warranted in this case because of the Groovers’ failure to comply with Rule 28(a), Ala. R.App. P. In light of the issues raised by Chief Justice Cobb’s dissenting opinion, however, I write specially to explain why, even had the Groovers…

2Cases cited33 opinions

  1. Ex Parte RileySupreme Court of Alabama · 1985
  2. Spradlin v. SpradlinSupreme Court of Alabama · 1992
  3. Griffin Lumber Co. v. HarperSupreme Court of Alabama · 1946
  4. McLemore v. FlemingSupreme Court of Alabama · 1992
  5. City of Birmingham v. Business Realty Inv. Co.Supreme Court of Alabama · 1998

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