Appellate Law

Failure to raise argument to trial court precludes consideration on appeal

In Prescott v. Prescott, [Ms. 2070638] (Ala. Civ. App. Oct. 10, 2008), the Court of Civil Appeals refused to consider an argument that the trial court used an improper standard on a child custody determination.  The court refused to consider the argument because it was not raised in the trial court.  The court found that the error, if it occurred, was not in the trial but in the order itself.  Thus, "the mother had the opportunity to bring this issue to the trial court's attention by filing a postjudgment motion but failed to do so.  Because the mother failed to file a postjudgment motion and raises this argument for the first time on appealm we cannot consider this argument."  Slip Op. p. 3.

Full post as published by Alabama Appellate Watch on October 16, 2008 (boomark / email).