# Tucker v. Nichols

> Supreme Court of Alabama · May 6, 1983 · 431 So. 2d 1263

URL: https://www.frixlaw.com/law-library/cases/9934830

## Case

- **Full name:** Dr. Mylan S. Tucker v. Joseph A. Nichols.
- **Court:** Supreme Court of Alabama
- **Decided:** May 6, 1983
- **Citations:** 431 So. 2d 1263
- **Precedential status:** Published
- **Opinion:** Dissent by Embry
- **Judges:** Embry, Jones
- **Cited by:** 89 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/9934830

## How later opinions describe it (automated extraction)

- discussing the “well-established rule that the appellant has an affirmative duty of showing error upon the record” and explaining that “[t]his rule is premised upon the fundamental proposition that an appellate court will not presume error and will affirm the judgment appealed…
- holding that, in order to secure a reversal, “the appellant has an affirmative duty of showing error upon the fee-' ord”
- stating that an appellate court “will affirm the judgment appealed from if *669 supported on any valid legal ground”
- stating that in order to secure a reversal “the appellant has an affirmative duty of showing error upon the record”
- explaining that the appellant has an affirmative duty of showing error upon the record

## Opinion text

I respectfully dissent, and, in accord with my views stated in previous decisions of this Court, would hold the entire Medical Malpractice Act unconstitutional. *Page 1266

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9934830. Public record. Not legal advice.