Opinion

Conley v. Krekelberg

  • 43 Ala. App. 66
  • 179 So. 2d 775
  • 1965 Ala. App. LEXIS 302
Court
Alabama Court of Appeals
Filed
Nov 2, 1965
Status
Published
Author
Johnson
On the bench
Johnson
Cited by
0 cases
Authority
More cited than 11.8%

The opinion

JOHNSON, Judge.

Before submission, counsel for appellee made a written motion that the appeal be dismissed because (a) the record does not contain a certificate that appellant has served appellee with a copy of the assignments of error and, (b) the appellant has not in fact served a copy of the assignments of error upon appellee or her counsel of record.

The record contains assignments of error, but there is- no certificate that a copy of the assignments of error had been served on appellee as required by Amended Supreme Court Rule 1. Appellant’s brief does not contain the assignments either literally or by a fair paraphrase.

The motion is well taken and must be granted. Board of Education of Colbert Co. v. Mitchell, 270 Ala. 594 , 121 So.2d 103 ; Alabama National Life Ins. Co. v. Bozeman, 42 Ala.App. 486 , 168 So.2d 488 .

Appeal dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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