Dethlefs v. Etnire
| Decision Date | 29 August 1980 |
| Citation | 387 So.2d 201 |
| Parties | Evelyn A. DETHLEFS v. Robert C. ETNIRE and Joan Etnire. 79-514. |
| Court | Alabama Supreme Court |
H. Merrill Vardaman of Vardaman & Vardaman, Anniston, for appellant.
Arthur F. Fite, III of Merrill, Porch, Doster & Dillon, Anniston, for appellees.
The statement of the issues and the attendant argument in Appellant's brief challenge no adverse ruling by the trial Court; therefore, we have no issue presented for review and no authority to review this case. Thus, we affirm the trial Court's grant of a final injunction prohibiting the Defendant from foreclosing on the subject property on the authority of Abernathy v. Worthy, 221 Ala. 527, 129 So. 472 (1930).
Appellees have filed a motion for damages for frivolous appeal. Although we find no merit in the appeal, our study of the record and the briefs of counsel narrowly convinces us that this appeal does not fall within the frivolous appeal provisions of ARAP 38. We therefore deny the motion.
AFFIRMED.
I concur in the result, but would bottom affirmance on the merits of this case.
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...to the insurer. As those issues are not raised on appeal, they are considered waived and we will not review them. See Dethlefs v. Etnire, 387 So.2d 201 (Ala.1980); Mullins v. Mullins, 416 So.2d 1063 The trial judge entered an order in which he made extensive findings of fact on disputed mat......
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...appeal. See Alabama Power Co. v. Cummings, 466 So.2d 99 (Ala.1985); McAnnally v. Levco, Inc., 456 So.2d 66 (Ala.1984); Dethlefs v. Etnire, 387 So.2d 201 (Ala.1980); City of Birmingham v. Wright, 379 So.2d 1264 For the foregoing reasons, the judgment of the trial court is due to be, and it i......
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