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Appellate Law

: Alabama Appellate Watch

Court Decides Appeal Though Appellant Did Not Comply With Briefing Rule

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The Court of Civil Appeals in Barnette v. Robertson, No. 2070689 (Ala. Civ. App. Jan. 30, 2009), exercised its discretion to address the merits of the appellant’s argument even though the appellant, “in contravention of Rule 28(a)(10), Ala. R. App. P., fail[ed] to cite authority for [the] argument in his pro se appellate brief.”  When an appellate court is "’able to adequately discern’ the issues presented,” the court may, in its discretion, decide the merits of the appeal.

Full post as published by Alabama Appellate Watch on February 08, 2009 (boomark / email).

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