Conley v. Krekelberg

Alabama Court of Appeals

Conley v. Krekelberg

179 So. 2d 775, 43 Ala. App. 66, 1965 Ala. App. LEXIS 302

DecidedNovember 2, 1965

StatusPublished

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Bluebook

Conley v. Krekelberg, 179 So. 2d 775, 43 Ala. App. 66, 1965 Ala. App. LEXIS 302 (Ala. Ct. App. 1965).

Pincite

Opinion

JOHNSON, Judge.

Before submission, counsel for appellee made a written motion that the appeal be dismissed because (a) the record does not contain a certificate that appellant has served appellee with a copy of the assignments of error and, (b) the appellant has not in fact served a copy of the assignments of error upon appellee or her counsel of record.

The record contains assignments of error, but there is- no certificate that a copy of the assignments of error had been served on appellee as required by Amended Supreme Court Rule 1. Appellant’s brief does not contain the assignments either literally or by a fair paraphrase.

The motion is well taken and must be granted. Board of Education of Colbert Co. v. Mitchell, 270 Ala. 594, 121 So.2d 103; Alabama National Life Ins. Co. v. Bozeman, 42 Ala.App. 486, 168 So.2d 488.

Appeal dismissed.

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