from Tuscaloosa Circuit Court (DR-17-900276)
Jefferson May ("the husband") appeals from a
judgment of the Tuscaloosa Circuit Court ("the trial
court") divorcing him from Terri Anita May ("the
wife"). Both parties are represented by counsel on
reasons to be discussed, a rendition of the facts and a
presentation of the procedural history of this case are
unnecessary for our decision to affirm the trial court's
judgment. Rule 28(a), Ala. R. App. P., sets forth what an
appellant's brief "shall contain." The rule is
not merely a suggestion as to what one might wish to include
in a brief. Rule 28(a) mandates that an appellant include
certain specific information necessary for this court to
conduct a meaningful review of the matter before us.
28(a)(3) requires appellants in civil cases to include
"[a] statement of jurisdiction, including (I) the basis
for the jurisdiction of the court to which the appeal is
taken (with citations to the applicable statutory provisions
and stating relevant facts establishing jurisdiction), and
(ii) the filing dates establishing the timeliness of the
"Statement of Jurisdiction" included in the
husband's appellate brief states that this is an appeal
from a divorce judgment, and it includes the date the divorce
judgment was entered and the date the notice of appeal was
filed, as required by Rule 28(a)(3)(ii). However, the
statement goes on to say that the appeal is properly before
this court "because the case is a personal
injury/slip-n-fall negligence case, filed, and appealed
within the allowable times of all statutes controlling."
Clearly, that statement does not indicate the basis for this
court's jurisdiction over this matter.
28(a)(5) requires the appellant to set forth a statement of
the case. That subdivision of the rule provides, in pertinent
part, that the appellant's brief shall contain
"[a] statement of the case, indicating briefly the
nature of the case, the course of proceedings, and the
disposition in the court below, with appropriate references
to the record (see subdivision (g)). In civil cases, a
statement of the case should also identify the adverse ruling
or rulings from which the appeal is taken and asserted as
error on appeal, with a reference to the pages of the record
on appeal at which the adverse ruling or rulings can be
entire "Statement of the Case" in the husband's
"On or about December 02, 2004 Plaintiff and Defendant
were married. This marriage was tumultuous at best and did
not produce any children. [Ex. 2 - Divorce Complaint, Appeal
Record pgs. 5-7].
"On June 02, 2017, Plaintiff filed for divorce a second
time in the marriage, after stopping it 2 years earlier. [Ex.
3 - Trial Transcript pg, [sic] 6]."
addition to omitting a description of the course of the
proceedings and a reference to the judgment from which he
appeals, the husband leaves this court to determine who in
this action was the plaintiff and who was the defendant.
28(a)(7) requires the appellant to provide this court with a
statement of the facts relevant to the issues he or she
raises on appeal. Specifically, that rule ...