Boone v. Harbin
This text of 574 So. 2d 838 (Boone v. Harbin) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Richard Boone (appellant) filed a motion for relief from judgment pursuant to Rule 60(b), Alabama Rules of Civil Procedure. That motion was denied by the trial court on January 5, 1990.
This appeal followed and was submitted on appellant’s brief only. We affirm.
The sole issue raised on appeal is whether the trial court abused its discretion in failing to conduct a hearing on the appellant’s motion.
We note, however, that the appellant has failed to cite any authority to support his contention. Therefore, we find that he has failed to substantially comply with the mandate of Rule 28(a), Alabama Rules of Appellate Procedure. Such failure places him in a perilous position and allows this court no alternative but to affirm the decision of the trial court. Cummins v. Slayton, 545 So.2d 783 (Ala.Civ.App.1989).
[839]*839This case is due to be affirmed.
AFFIRMED.
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Cite This Page — Counsel Stack
574 So. 2d 838, 1990 Ala. Civ. App. LEXIS 460, 1990 WL 141090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boone-v-harbin-alacivapp-1990.