Gibson v. Nix, 460 So. 2d 1346 (Ala. Civ. App. 1984). · Go Syfert
Gibson v. Nix, 460 So. 2d 1346 (Ala. Civ. App. 1984). Cases Citing This Book View Copy Cite
Treatment trajectory · 1985 → 2026 · click a year to view as-of
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Cited for
At page 1347 Limiting appellate court duty to legal research30 citing casesWhere an appellant fails to cite an authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant.15 citing courts put it this way · 29 listed here
  • Colbert Cnty. Bd. of Educ. v. Melcha Satchel (Appeal from Colbert Circuit Court: CV-24-23)., No. CL-2024-0534 (Ala. Civ. App. Feb. 14, 2025).published
    “Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant”
  • Knight v. Knight, 226 So. 3d 688 (Ala. Civ. App. 2016).published
    “Where an appellant fails to cite any authority, we may affirm, for it, is neither our duty nor function to perform all the legal research for an appellant”
  • McConico v. Patterson, 204 So. 3d 409 (Ala. Civ. App. 2016).published
    “Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant”
  • House v. House, 185 So. 3d 1112 (Ala. Civ. App. 2015).published
    “Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant”
  • Burnette v. Tighe, 162 So. 3d 911 (Ala. Civ. App. 2014).published
    “Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant”
  • C.D.M. v. W.B.H., 140 So. 3d 961 (Ala. Civ. App. 2013).published
    “Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant”
  • K.R. v. Lauderdale Cnty. Dep't of Human Resources, 133 So. 3d 396 (Ala. Civ. App. 2013).published
    “Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant”
  • Tracy Lynn Mullins v. Lisa Christine Sellers., 80 So. 3d 935 (Ala. Civ. App. 2011).published
    “Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant”
  • Crouch v. Allen, 2100279 (ala.civ.app. 7-22-2011), 76 So. 3d 264 (Ala. Civ. App. 2011).published
    “Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant”
  • ARCHER EX REL. ARCHER v. Est. of Archer, 45 So. 3d 1259 (Ala. 2010).published
    P., which provides that arguments in an appellant’s brief shall contain “citations to the cases, statutes, other authorities, and parts of the record relied on.” “ ‘ “ ‘Where an appellant fails to cite any authority, we may affirm, for it…
Show 19 more citing cases
  • Bd. of Water & Sewer Commissioners of Mobile v. Bill Harbert Constr. Co., 27 So. 3d 1223 (Ala. 2009).published 2 cites
    “`Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant”
  • Ryland v. Ryland, 12 So. 3d 1223 (Ala. Civ. App. 2009).published
    The husband, however, cites no caselaw in support of his contention that the trial court erred by ordering him to execute mortgages to property he currently owns and to property he might acquire in the future to the wife. “ ‘[I]t is neithe…
  • Greene v. Jefferson Cnty. Comm'n, 13 So. 3d 901 (Ala. 2008).published
    However, the Greene parties do not cite any authority to support this argument. “ ‘ “Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant.…
  • J.K. v. UMS-Wright Corp., 7 So. 3d 300 (Ala. 2008).published 2 cites
    Not only do J.K. and P.K. not describe with any specificity conduct of the trustees that they consider to have been wanton, but they also fail to cite any statute or caselaw that defines wantonness, and they do not illustrate how the actio…
  • Brooks v. Brooks, 991 So. 2d 293 (Ala. Civ. App. 2008).published
    McCutchen Co. v. Media Gen., Inc., 988 So.2d 998 (Ala. 2008); Gibson v. Nix, 460 So.2d 1346, 1347 (Ala.Civ.App.1984).
  • Davis v. Sterne, Agee & Leach, Inc., 965 So. 2d 1076 (Ala. 2007).published
    This is so, because `"it is neither our duty nor function to perform all the legal research for an appellant."' Henderson v. Alabama A & M Univ., 483 So.2d 392, 392 (Ala.1986) (quoting Gibson v. Nix, 460 So.2d 1346, 1347 (Ala.Civ.App.1984)…
  • In re B.B., 944 So. 2d 960 (Ala. Civ. App. 2006).published 2 cites
    Rowe v. Dunn, [Ms. 2040447, March 3, 2006] ___ So.2d ___, ___ (Ala.Civ.App.2006) (citing Henderson v. Alabama A & M Univ., 483 So.2d 392, 392 (Ala.1986), and Gibson v. Nix, 460 So.2d 1346, 1347 (Ala.Civ.App.1984)). "[W]e decline to do the…
  • Marks v. Tenbrunsel, 910 So. 2d 1255 (Ala. 2005).published
    “`[I]t is neither our duty nor [our] function to perform all of the legal research for an appellant”
  • Big 3 Motors, Inc. v. Hawie, 895 So. 2d 349 (Ala. Civ. App. 2004).published
    “[I]t is neither our duty nor [our] function to perform all of the legal research for an appellant”
  • Drummond Co., Inc. v. Johnson, 886 So. 2d 825 (Ala. Civ. App. 2003).published
    P. "`Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor [our] function to perform all of the legal research for an appellant.' " McLemore v. Fleming, 604 So.2d 353, 353 (Ala.1992)(quoting Gibson v…
  • Birmingham Hockey Club, Inc. v. NCCI, INC., 827 So. 2d 73 (Ala. 2002).published
    P., and then dismissed BHC's action against Liberty Mutual. "`Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor [our] function to perform all of the legal research for an appellant.'" McLemore v.…
  • Acceptance Ins. Co. v. Brown, 832 So. 2d 1 (Ala. 2001).published
    We reject Acceptance's argument that the compensatory-damages award should be reduced by one-half. "`Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor [our] function to perform all the legal rese…
  • Loyal Am. Life Ins. v. Mattiace, 679 So. 2d 229 (Ala. 1996).published
    Loyal American refers this Court to a series of cases holding that a plaintiff has no right to punitive damages; however, it cites no legal authority in support of its contention of unfair discrimination. "`Where an appellant fails to cite…
  • Pittman v. Durable Med. Equip. Co., Inc., 594 So. 2d 66 (Ala. 1992).published
    “Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant”
  • McConico v. McKibben, 581 So. 2d 829 (Ala. 1991).published
    The law is settled that “ ‘[wjhere an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant.’ ” Henderson v. Alabama A & M University, 483 So.2d 392…
  • State ex rel. Hackney v. Guy, 549 So. 2d 1360 (Ala. Civ. App. 1989).published
    “Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant”
  • Knight v. Knight, 214 So. 3d 1207 (Ala. Civ. App. 2016).published
    (Where an appellant fails to cite an authority, we may affirm, for it is neither our duty nor function to perform all the legal research for an appellant.)
  • Waller v. Waller, 197 So. 3d 1002 (Ala. Civ. App. 2015).published
    See Gibson v. Nix, 460 So.2d 1346, 1347 (Ala.Civ.App.1984).
  • Henderson v. Alabama a & M Univ., 483 So. 2d 392 (Ala. 1986).published
John Gibson and Mary Gibson
v.
Tommy Nix and Joy Nix.
Civ. 4405.
Court of Civil Appeals of Alabama.
Nov 21, 1984.
Published opinion
460 So. 2d 1346
Jerry Guyton of Vinson Guyton, Hamilton, for appellants. C. Harry Green, Hamilton, for appellees.
Wright.
Cited by 59 opinions  |  Published

This is a case involving a contract for the sale of land. The plaintiffs below (purchasers) appeal from the final judgment of the trial court, claiming that the damages *Page 1347 which they were awarded by the trial court were inadequate.

The parties apparently entered into an oral agreement whereby the defendants would convey to the plaintiffs a house and lot for $46,000. The parties went to a local bank to draw up an agreement, but for some reason never signed it. Also, for another reason, which is not clear from the record, one-half acre of the one-acre lot upon which the house was located was sold separately to the plaintiffs for $1,000. This agreement was put into writing and signed by the parties. There was an understanding between the parties that if the sale of the house and other one-half acre did not go through, the plaintiffs would reconvey the $1,000 lot to the defendants.

A few weeks after the initial transaction, the plaintiffs also gave the defendants a $4,000 check.

The sale failed to go through, due to the inability of the plaintiffs to secure a VA loan. Subsequently, the plaintiffs asked the defendants to return their money. The defendants refused to do so, and the plaintiffs filed a claim against the defendants for $5,000.

The trial court, sitting ore tenus, entered an order awarding the plaintiffs $1,000. There was much conflicting testimony offered on the issue of what the $4,000 check was for. The defendants contended it was earnest money and therefore should be forfeited, and the plaintiffs contended that it was a down payment on a conditional sale where the condition did not occur, and therefore should be refunded. The trial court, after listening to the testimony, apparently agreed with the defendants on the nature of the $4,000 check and the plaintiffs on the nature of the $1,000 transaction for the lot. The plaintiffs filed a motion for a new trial, alleging that the damages awarded to them were inadequate. The trial court denied the motion.

On appeal, we are confronted with two problems in any attempt to resolve this case in the plaintiffs' favor. The first problem is that the findings of a trial court, sitting ore tenus, are presumed correct and will not be disturbed on appeal if supported by the evidence or any reasonable inference therefrom, unless they are plainly and palpably erroneous and manifestly unjust. Chaffin v. Hall, 439 So.2d 67 (Ala. 1983). This presumption of correctness of the judgment rendered ore tenus is strengthened by the denial of the plaintiffs' motion for a new trial. Jones v. LeFlore, 421 So.2d 1287 (Ala.Civ.App. 1982).

The second obstacle we face in considering the plaintiffs' arguments on appeal is that the only citation of authority or precedent in the plaintiff's brief is one case involving the ore tenus rule. There is no authority given for the plaintiffs' contentions that the damages award was inadequate. An appellant's contentions must be supported by authority and the reasons for the contentions. Blair v. York Engineering Co.,380 So.2d 878 (Ala.Civ.App. 1980); Rule 28, A.R.A.P. Where an appellant fails to cite any authority, we may affirm, for it is neither our duty nor function to perform all of the legal research for an appellant. Shory v. Peavy, 431 So.2d 1319 (Ala.Civ.App. 1983). Indeed, we are required to affirm this case, because the brief does not contain the citation of any authority in support of the argument made in the brief. Neal v.First Alabama Bank of Huntsville, 440 So.2d 1111 (Ala.Civ.App. 1983). Therefore, the case is affirmed.

AFFIRMED.

BRADLEY and HOLMES, JJ., concur. *Page 1348