Magers v. Alabama Women’s Center Reproductive Alternatives, [Ms. 1190010, Oct. 30, 2020], ___ So. 3d ___ (Ala. 2020). This per curiam
plurality opinion affirms the dismissal of a wrongful death lawsuit brought
by the father of an aborted fetus against Alabama Women’s Center
Reproductive Alternatives, LLC (“the AWC”), for its role in
the abortion of Baby Roe. The opinion explains the rationale for Rule
28 of the Rules of Appellate Procedure:
Rule 28(a)(10) is in place for at least two reasons. First, it enables
the appellate court to focus on determining whether the arguments presented
by the appellant have merit. ... Second, delineated arguments advise the
appellee of the issues that must be addressed in response.
Ex parte Borden, 60 So. 3d 940, 943 (Ala. 2007). If an argument is presented without reasoned
analysis, specific legal authority, and adequate facts from the record
to support the appellant’s contention that the trial court’s
ruling was in error, it is difficult, if not impossible, for the appellee
to adequately respond. And it creates an unfair advantage for the appellant
– because he or she can make arguments for the first time in a reply
brief, leaving the appellee without an opportunity to counter those arguments
absent permission from this Court.
Ms. **5-6.