burden of demonstrating error (Alabama) · Go Syfert
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burden of demonstrating error in Alabama

5 Alabama opinions name it 3 courts 1980–2016 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.

Followed or applied (6)

CaseFollowedCited
Tucker v. Nicholsgreen
ala · 1983 · cited in 2 Alabama opinions naming this issue, 2007–2016
2 sentences

2007Further, the Fogarty opinion stated that the omission of such an argument constitutes the "waiv[er of] the right to assert error with respect to that issue." 953 So.2d at 1232. [23] In Tucker v. Nichols, supra, this Court explained the basis of the rule that the appellant bears the burden of demonstrating error on the record: "This rule is premised upon the fundamental proposition that an appellate court will not presume error and will affirm the judgment appealed from if supported on any valid legal ground." 431 So.2d at 1265 .

2007Further, the Fogarty opinion stated that the omission of such an argument constitutes the "waiv[er of] the right to assert error with respect to that issue." 953 So.2d at 1232. [23] In Tucker v. Nichols, supra, this Court explained the basis of the rule that the appellant bears the burden of demonstrating error on the record: "This rule is premised upon the fundamental proposition that an appellate court will not presume error and will affirm the judgment appealed from if supported on any valid legal ground." 431 So.2d at 1265 .

12
Soutullo v. Mobile Countygreen
ala · 2010 · cited in 1 Alabama opinions naming this issue, 2016–2016
1 sentence

2016Sou-tullo v. Mobile Cty., 58 So.3d 733, 738 (Ala.2010) (quoting Tucker v. Nichols, 431 So.2d 1263, 1264 (Ala.1983)) (“In order to secure a reversal, ‘the appellant has an affirmative duty of showing error upon the record.’ ”).

11
Nue Cheer Franklin v. Woodmere at the Lake.green
alacivapp · 2011 · cited in 1 Alabama opinions naming this issue, 2014–2014
1 sentence

2014Franklin v. Woodmere at the Lake, 89 So.3d 144, 150 (Ala.Civ.App.2011).

11
COASTAL RLTY. & MORTG., INC. v. First Ala. Bank, NAgreen
alacivapp · 1982 · cited in 1 Alabama opinions naming this issue, 2013–2013
1 sentence

2013Pavilion Dev., L.L.C. v. JBJ P’ship, 979 So.2d 24, 39 (Ala.2007); Coastal Realty & Mortg., Inc. v. First Alabama Bank, N.A., 424 So.2d 1315, 1317 (Ala.Civ.App.1982).

11
Pavilion Development v. Jbj Partnershipgreen
ala · 2007 · cited in 1 Alabama opinions naming this issue, 2013–2013
1 sentence

2013Pavilion Dev., L.L.C. v. JBJ P’ship, 979 So.2d 24, 39 (Ala.2007); Coastal Realty & Mortg., Inc. v. First Alabama Bank, N.A., 424 So.2d 1315, 1317 (Ala.Civ.App.1982).

11
Ex Parte CTB, Inc.green
ala · 2000 · cited in 1 Alabama opinions naming this issue, 2007–2007
1 sentence

2007We have sometimes phrased this rule in language suggesting that it "must" be applied, see Ex parte CTB, Inc., 782 So.2d 188, 191 (Ala.2000) ("[T]his Court must affirm the judgment of the trial court if that judgment is supported by any valid legal ground, even if that ground was not argued before the trial court or this Court."), while at other times we have stated it in language suggesting that the rule "may" be applied, see Unum Life Ins.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Pace v. State green
ala · 1969
2 sentences

1980Pace v. State , 284 Ala. 585 , 226 So.2d 645 ; Snipes v. State , Ala.Cr.App., 364 So.2d 424 . *Page 399 The record revealed the trial court was aware that the Birmingham Police Department was participating in the city employees' strike.

1980Pace v. State , 284 Ala. 585 , 226 So.2d 645 ; Snipes v. State , Ala.Cr.App., 364 So.2d 424 . *Page 399 The record revealed the trial court was aware that the Birmingham Police Department was participating in the city employees' strike.

11980–1980
Snipes v. State green
alacrimapp · 1978
1 sentence

1980Pace v. State , 284 Ala. 585 , 226 So.2d 645 ; Snipes v. State , Ala.Cr.App., 364 So.2d 424 . *Page 399 The record revealed the trial court was aware that the Birmingham Police Department was participating in the city employees' strike.

11980–1980

Where else courts name it

CA 159 (1969–2026) OH 149 (1995–2026) MO 144 (1969–2022) TX 29 (1999–2026) AR 28 (1976–2007) GA 25 (1984–2025) DC 18 (1985–2024) VA 16 (1999–2020) SC 15 (2011–2016) FL 15 (1963–2024) MN 14 (1999–2025) NY 13 (1979–2019) ME 12 (1977–2023) KS 12 (2012–2025) NM 11 (1985–2025) WA 11 (1980–2025) ID 11 (1977–2022) UT 9 (1991–2025) AZ 8 (1970–2025) IN 8 (1985–2023) IL 6 (1999–2017) PA 5 (1971–2018) AL 5 (1980–2016) MA 4 (1997–2025) HI 4 (2000–2006) NC 4 (1999–2006) CO 3 (2005–2026) MI 3 (2020–2026) TN 3 (1999–2024) ND 3 (1982–1987) DE 2 (2014–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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