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APPEALS & ISSUE PRESERVATION - DRAKE V. ALABAMA REPUBLICAN PARTY

Drake v. Alabama Republican Party, [Ms. 2150157, May 13, 2016] __ So. 3d __ (Ala. Civ. App. 2016). The Drakes sought recovery of fees paid to the Republican Party when they attempted to qualify to run for political office. When the Jefferson Circuit Court disposed of their claims on summary judgment, they appealed. The Court of Civil Appeals affirmed the judgment upon concluding the Drakes waived appellate review.

When a trial court enters conclusions of law stating alternative legal grounds for its judgment, the failure of an appellant to show error as to each ground in his or her opening brief constitutes a waiver of any argument as to the admitted ground and results in an automatic affirmance of the judgment.

Ms. *1-2, quoting Austin v. Providence Hosp., 155 So. 3d 1028, 1031 (Ala. Civ. App. 2014).

[W]e are governed by the long-standing, well-established rule that the appellant has an affirmative duty of showing error upon the record. Tucker v. Nichols, 431 So. 2d 1263, 1264 (Ala. 1983). “‘“[T]his court will not presume [an] error on the part of the trial court.”’” Roberson v. C. P. Allen Const. Co., 50 So. 3d 471, 478 (Ala. Civ. App. 2010) (quoting D. C. S. v. L. B., 4 So. 3d 513, 521 (Ala. Civ. App. 2008), quoting in turn, G. E. A. v. D. B. A., 920 So. 2d 1110, 1114 (Ala. Civ. App. 2005)). “When an appellant fails to argue an issue in its brief, that issue is waived.” Boshell v. Keith, 418 So. 2d 89, 92 (Ala. 1982). This court is required to affirm a judgment if the appellant has waived any arguments regarding an alternative basis for the judgment. Austin v. Providence Hosp., supra; State Dep’t of Transp. v. Reed, 74 So. 3d 465, 469 (Ala. Civ. App. 2011). See also Biz Distribution Co. v. Crystal Fresh, Inc., 59 So. 3d 717, 719 (Ala. Civ. App. 2010); Soutullo v. Mobile Cty., 58 So. 3d 733, 739 (Ala. 2010)(“Because the [appellants] have pretermitted discussion of one of the two grounds forming the basis for the [judgment], we pretermit discussion of the other ground, and we affirm the judgment.”). ...

Id. at Ms. *7-8.

Related Documents: Drake v Alabama Republican Party 5-13-16

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