# Cloud v. Cloud

> Court of Civil Appeals of Alabama · April 26, 2002 · 833 So. 2d 649

URL: https://www.frixlaw.com/law-library/cases/7755727

## Case

- **Full name:** Rickey Lynn Cloud v. Glenda Sue Cloud.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** April 26, 2002
- **Citations:** 833 So. 2d 649; 2002 Ala. Civ. App. LEXIS 330; 2002 WL 734357
- **Precedential status:** Published
- **Opinion:** Dissent by Yates
- **Judges:** Murdock, Crawley, Thompson, Pittman, Yates
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7755727

## How later opinions describe it (automated extraction)

- concluding that dismissal was not warranted when the party did not "substantially fail[] to comply with the requirements of Rule 28, [Ala. R.App. P.]"

## Opinion text

YATES, Presiding Judge,
dissenting.
Although Rickey Cloud petitioned the court for the appointment of a commissioner to take his deposition during his incarceration in order to preserve his testimony, his pro se brief fails to comply with Rule 28, Ala. R.App. P. The Alabama Rules of Appellate Procedure apply equally to members of the bar and to parties proceeding pro se. Jones v. Seibert, 624 So.2d 639 (Ala.Civ.App.1993). Although the result may sometimes seem harsh, this court has consistently held that when an appellant fails to comply with Rule 28, this court will affirm the judgment of the trial court. Black v. Allen, 587 So.2d 349 (Ala.Civ.App.1991). Therefore, I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7755727. Public record. Not legal advice.