Appellate Procedure


Archer v. America’s First Fed. Cr. Union, [Ms. 2180136, May 17, 2019] __ So. 3d __ (Ala. Civ. App. 2019). The court (Edwards, J.; Thompson, P.J., and Moore, Donaldson and Hanson, JJ., concur) affirms a summary judgment entered by the Mobile Circuit Court in favor of America’s First Federal Credit Union in an ejectment action filed following a foreclosure of Archer’s home.

The court pretermitted consideration of the merits of Archer’s appeal for a number of reasons. The court first held that “Archer submitted a reply brief containing completely new arguments. It is well settled that an appellate court will not consider arguments raised for the first time in a reply brief.” Ms. *5.

The court also rejected Archer’s efforts to incorporate by reference arguments he made in opposition to the summary-judgment motion in the circuit court. The court held “[t]o the extent Archer might be attempting to incorporate any arguments that he may have made in a submission to the trial court, Archer may not do so. Perry v. State Pers. Bd., 881 So. 2d 1037, 1039 (Ala. Civ. App. 2003) (explaining that Rule 28, Ala. R. App. P., does not provide for the incorporation into an appellate brief of arguments made in trial briefs or other submissions in the trial court) ....” Ms. *7.

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