Appellate Review - Waiver


Devine v. The Bank of New York Mellon Corp., [Ms. 1171002, Nov. 22, 2019] __ So. 3d __ (Ala. 2019). The Court (Mitchell, J.; and Parker, C.J., and Shaw, J., concur; Bryan and Mendheim, JJ., concur in the result) issues a plurality opinion affirming a summary judgment entered by the Baldwin Circuit Court in an illegal-foreclosure/quiet-title action because the appellant's brief failed to address all of the three grounds upon which the summary judgment order was entered. The Court reiterates that "[w]hen a trial court has stated that a judgment is warranted on multiple grounds, it is incumbent upon a party that subsequently appeals that judgment to address all of those grounds in the opening appellate brief because any issue not argued at that time is waived." Ms. *8 (citing Crews v. National Boat Owners Ass'n Marine Ins. Agency, Inc., 46 So. 3d 933, 942 (Ala. 2010) (underlined emphasis in original)). When the appellant fails to address all such grounds, affirmance is required because an appellate court will not presume error on the part of the trial court. Ms. *9.

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