Opinion

Birmingham City Board of Education v. Hawkins

48 So. 3d 646
2010 Ala. LEXIS 76
2010 WL 1837806

Court: Supreme Court of Alabama
Filed: May 7, 2010
Status: Published
Author: Cobb
On the bench: Lyons, Woodall, Stuart, Smith, Bolin, Parker, Shaw, Cobb, Murdock
Cited by: 0 cases

The opinion

COBB, Chief Justice

(dissenting).

Although the petitioner in this case filed its petition in the form of a brief rather than by explicitly following the form specified by Rule 39, Ala. R.App. P., I believe the legal arguments and analysis in that brief were in substantial compliance with Rule 39. Under these circumstances, I conclude that the petitioner presented sufficient indicia of merit to support granting this petition. Accordingly, I respectfully dissent.

MURDOCK, J., concurs.

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