Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
22 Alabama opinions name it 2 courts 1992–2017 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Newman v. Stategreen2 sentences2016Chadwick Timber Co. v. Philon, 10 So.3d 1014, 1019 (Ala.Civ.App.2007) (quoting Leeth v. Jim Walter Homes, Inc., 789 So.2d 243, 247 (Ala.Civ.App.2000), quoting in turn Newman v. State, 623 So.2d 1171, 1172 (Ala.Civ.App. 1993)) (“ ‘ “This court cannot assume error, nor can it presume the existence of facts to which the record is silent. 2009“This court cannot assume error, nor can it presume the existence of facts as to which the record is silent.” Newman v. State, 623 So.2d 1171, 1172 (Ala.Civ.App.1993). | 5 | 6 |
Leeth v. Jim Walter Homes, Inc.green2 sentences2017Nothing in the judgment indicates, however, that the trial court considered the retirement accounts in fashioning its alimony award. " 'This court cannot assume error, nor can it presume the existence of facts to which the record is silent.' " Leeth v. Jim Walter Homes, Inc. , 789 So.2d 243 , 247 (Ala. Civ. 2016Chadwick Timber Co. v. Philon, 10 So.3d 1014, 1019 (Ala.Civ.App.2007) (quoting Leeth v. Jim Walter Homes, Inc., 789 So.2d 243, 247 (Ala.Civ.App.2000), quoting in turn Newman v. State, 623 So.2d 1171, 1172 (Ala.Civ.App. 1993)) (“ ‘ “This court cannot assume error, nor can it presume the existence of facts to which the record is silent. | 2 | 3 |
Alfa Mutual General Ins. Co. v. Oglesbygreen2 sentences2001Co. v. Oglesby , 711 So.2d 938 , 942 (Ala. 1997) ("`This court cannot assume error, nor can it presume the existence of facts to which the record is silent.'") (quoting Newman v. State , 623 So.2d 1171 , 1172 (Ala.Civ.App. 1993)); see also Gotlieb v. Collat , 567 So.2d 1302 , 1304 (Ala. 1990) ("The appellants bear the burden of ensuring that the record on appeal contains sufficient evidence to warrant reversal."). 2001Co. v. Oglesby, 711 So.2d 938, 942 (Ala.1997) (“ ‘This court cannot assume error, nor can it presume the existence of facts to which the record is silent.’ ”) (quoting Newman v. State, 623 So.2d 1171, 1172 (Ala.Civ.App.1993)); see also Gotlieb v. Collat, 567 So.2d 1302, 1304 (Ala.1990) (“The appellants bear the burden of ensuring that the record on appeal contains sufficient evidence to warrant reversal.”). | 2 | 2 |
Gotlieb v. Collatgreen2 sentences2001Co. v. Oglesby , 711 So.2d 938 , 942 (Ala. 1997) ("`This court cannot assume error, nor can it presume the existence of facts to which the record is silent.'") (quoting Newman v. State , 623 So.2d 1171 , 1172 (Ala.Civ.App. 1993)); see also Gotlieb v. Collat , 567 So.2d 1302 , 1304 (Ala. 1990) ("The appellants bear the burden of ensuring that the record on appeal contains sufficient evidence to warrant reversal."). 2001Co. v. Oglesby, 711 So.2d 938, 942 (Ala.1997) (“ ‘This court cannot assume error, nor can it presume the existence of facts to which the record is silent.’ ”) (quoting Newman v. State, 623 So.2d 1171, 1172 (Ala.Civ.App.1993)); see also Gotlieb v. Collat, 567 So.2d 1302, 1304 (Ala.1990) (“The appellants bear the burden of ensuring that the record on appeal contains sufficient evidence to warrant reversal.”). | 2 | 2 |
Dais v. State Ex Rel. Davisgreen2 sentences2007Dais v. Davis, 420 So.2d 278 (Ala.Civ.App.1982). 2001This court cannot assume error on the part of the trial court, nor can it “presume the existence of facts as to which the record is silent and make it a ground for reversal.” Dais v. Davis, 420 So.2d 278, 279 (Ala.Civ.App.1982) (quoting Fancher v. Fancher, 262 Ala. 489 , 80 So.2d 248 (1955)). | 1 | 5 |
Ross v. Ferrellgreen2 sentences2017App. 1979) ; see also Watson v. McGee , 348 So.2d 461 , 463 (Ala. 1977) ("The appellant must not only establish error but also must show that he was probably prejudiced by the error."). " ' " 'This court cannot assume error, nor can it presume the existence of facts [as] to which the record is silent.' The appellant has the burden of ensuring that the record contains sufficient evidence to warrant reversal." ' White v. Riley Constr., Inc. , 745 So.2d 877 , 879 (Ala. Civ. 2017"PSI" refers to both presentence and postsentence investigation reports, unless otherwise specified. " ' "This court cannot assume error, nor can it presume the existence of facts [as] to which the record is silent." The appellant has the burden of ensuring that the record contains sufficient evidence to warrant reversal.' " White v. Riley Constr., Inc. , 745 So.2d 877 , 879 (Ala. Civ. | 1 | 4 |
Jenkins v. Landmark Chevrolet, Inc.green2 sentences2009Jenkins v. Landmark Chevrolet, Inc., 575 So.2d 1157, 1161 (Ala.Civ.App.1991). ‘ “This court cannot assume error, nor can it presume the existence of facts to which the record is silent.” ’ Alfa Mut. 2005Jenkins v. Landmark Chevrolet, Inc. , 575 So.2d 1157 , 1161 (Ala.Civ.App. 1991). "`This court cannot assume error, nor can it presume the existence of facts to which the record is silent.'" Alfa Mut. | 1 | 2 |
Watson v. McGeegreen1 sentence2017App. 1979) ; see also Watson v. McGee , 348 So.2d 461 , 463 (Ala. 1977) ("The appellant must not only establish error but also must show that he was probably prejudiced by the error."). " ' " 'This court cannot assume error, nor can it presume the existence of facts [as] to which the record is silent.' The appellant has the burden of ensuring that the record contains sufficient evidence to warrant reversal." ' White v. Riley Constr., Inc. , 745 So.2d 877 , 879 (Ala. Civ. | 1 | 1 |
Chadwick Timber Co. v. Philongreen1 sentence2016Chadwick Timber Co. v. Philon, 10 So.3d 1014, 1019 (Ala.Civ.App.2007) (quoting Leeth v. Jim Walter Homes, Inc., 789 So.2d 243, 247 (Ala.Civ.App.2000), quoting in turn Newman v. State, 623 So.2d 1171, 1172 (Ala.Civ.App. 1993)) (“ ‘ “This court cannot assume error, nor can it presume the existence of facts to which the record is silent. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wal-Mart Stores, Inc. v. Goodman
green
2 sentences2017Goodman , 789 So.2d at 176 ." Quick v. Burton , 960 So.2d 678 , 680-81 (Ala. Civ. 2006Goodman , 789 So.2d at 176 . | 2 | 2006–2017 |
Quick v. Burton
green
1 sentence2017Goodman , 789 So.2d at 176 ." Quick v. Burton , 960 So.2d 678 , 680-81 (Ala. Civ. | 1 | 2017–2017 |
Kimbrough v. Kimbrough
green
1 sentence2015“As in Kimbrough v. Kimbrough[, 963 So.2d 662 (Ala.Civ.App.2007) ], this court is unable to determine in this case whether [the appellant] asserted before the trial court the various arguments pertaining to the admissibility of certain evidence that it includes in its briefs submitted to, this court. ‘“This court cannot assume error, nor can it presume the existence of facts [as] to which the record is silent.... | 1 | 2015–2015 |
Fludd v. Gibbs
green
1 sentence2007Because the father did not order the transcript of the hearing, we are limited in our review of this case and cannot determine whether the father was allowed a reasonable opportunity to meet the charges, the right to call witnesses, the right to confront his accuser, the right to give "testimony relevant either to the issue of complete exculpation or extenuation of the offense," and "the right to offer evidence in mitigation of the penalty imposed." Fludd , 817 So.2d at 713 . "`"This court cannot assume error, nor can it presume the existence of facts [as] to which the record is silent." The a | 1 | 2007–2007 |
Fancher v. Fancher
green
2 sentences2001This court cannot assume error on the part of the trial court, nor can it “presume the existence of facts as to which the record is silent and make it a ground for reversal.” Dais v. Davis, 420 So.2d 278, 279 (Ala.Civ.App.1982) (quoting Fancher v. Fancher, 262 Ala. 489 , 80 So.2d 248 (1955)). 2001This court cannot assume error on the part of the trial court, nor can it “presume the existence of facts as to which the record is silent and make it a ground for reversal.” Dais v. Davis, 420 So.2d 278, 279 (Ala.Civ.App.1982) (quoting Fancher v. Fancher, 262 Ala. 489 , 80 So.2d 248 (1955)). | 1 | 2001–2001 |
Perkins v. Perkins
green
1 sentence1992"This court cannot assume error; the appellant has an affirmative duty of showing error." Perkins v. Perkins , 465 So.2d 414 , 415 (Ala.Civ.App. 1984). | 1 | 1992–1992 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.