Narrative Opinion Summary
In a legal dispute involving Chris Myers Pontiac-GMC, Inc. and the McKenzies, the District Court of Baldwin County ruled in favor of Chris Myers. Valeria McKenzie filed an appeal but failed to pay the required court costs, leading to a motion by Chris Myers to dismiss the appeal as untimely, which the court granted. On appeal, McKenzie raised issues unsupported by the record and without legal authority, merely referencing constitutional rights to a jury trial. The appellate court noted the absence of a trial court ruling on the jury trial issue and cited the precedent set in Scott v. Kimerling as already resolving the appellant's claims. Additionally, McKenzie's failure to adhere to Rule 28 of the Alabama Rules of Appellate Procedure warranted the affirmation of the lower court's judgment. Consequently, the court affirmed the dismissal of the appeal, with the opinion written by Retired Appellate Judge L. Charles Wright and adopted unanimously by all judges.
Legal Issues Addressed
Compliance with Rule 28, A.R.A.P.subscribe to see similar legal issues
Application: The appeal was affirmed due to the appellant's failure to comply with procedural requirements, including unsupported factual assertions and lack of legal authority.
Reasoning: McKenzie raised three issues on appeal, citing facts unsupported by the record and failing to provide legal authority for her arguments, relying instead on a vague reference to constitutional jury rights.
Precedent Applicationsubscribe to see similar legal issues
Application: The issues raised by the appellant were previously resolved in a precedent case, which supported the court's decision to affirm the lower court's judgment.
Reasoning: The issues raised were previously resolved in Scott v. Kimerling, 417 So.2d 204 (Ala. Civ. App. 1982).
Right to Jury Trialsubscribe to see similar legal issues
Application: The court found no error in the trial court's proceedings regarding the appellant's claim to a jury trial, as there was no ruling on this issue at the lower court level.
Reasoning: The court found no trial court ruling on McKenzie's right to a jury trial.
Timeliness of Appeal Filingsubscribe to see similar legal issues
Application: The appeal was dismissed because the appellant failed to pay the required court costs within the designated timeframe, rendering the appeal untimely.
Reasoning: Chris Myers moved to dismiss the appeal, arguing it was untimely due to the lack of proper cost payment. The court granted this motion to dismiss.