Appellate Law

Three Cases Released Last Week Show the Consequences of Failing to Timely, Properly or Thoroughly Raise Legal Arguments

Three different cases released last week show the importance of raising legal arguments early, thoroughly, and often in order to have those arguments considered on appeal.    

In Diggs v. Diggs, released by the Alabama Court of Civil Appeals, the court refused to consider the husband's argument that the trial court erred in awarding certain property to the wife because the argument lacked citation to the record or legal authority.  Similarly, in City of Huntsville v. Stove House 5, Inc., the Alabama Supreme Court refused to consider the appellant's argument that the trial court erred in light of the holding in Bethune v. City of Mountain Brook, 300 So.2d 350 (Ala. 1974) because the appellant failed to press that particular argument in the trial court.  The court so held even though Bethune was cited to and even relied on by the trial court.  Finally, in Fort James Operating Co., Inc. v. Stephens, the Alabama Supreme Court refused to consider an argument regarding setoff because it was not raised until the application for rehearing stage.  

Full post as published by Alabama Appellate Watch on June 03, 2008 (boomark / email).