Appellate Procedure - Failure to Comply With Rule 28, Ala. R. App. P.


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.

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