Supreme Court of Alabama, 2004

Massey v. Massey

Massey v. Massey
Supreme Court of Alabama · Decided April 30, 2004 · Houston, See, Brown, Harwood, Lyons, Stuart
895 So. 2d 860; 2004 Ala. LEXIS 104; 2004 WL 917613 (Southern Reporter, Second Series)

Massey v. Massey

Concurring Opinion

LYONS, Justice

(concurring specially).

Justice Stuart dissents from this Court’s no-opinion order of affirmance; she bases her dissent on cases she considers disposi-tive and warranting a reversal of the trial court’s judgment, yet not cited by either party.

I write specially to observe that I am disinclined to reverse the judgment of a trial court where the appellant has failed to provide us with the necessary tools to reach that result. See Orkin Exterminating Co. v. Larkin, 857 So.2d 97, 105 (Ala. 2003), recognizing the well-settled rule that it is neither this Court’s duty nor its function to perform an appellant’s legal research.

Dissenting Opinion

STUART, Justice

(dissenting).

Based upon Parr v. Godwin, 463 So.2d 129 (Ala. 1984), and Martin v. Hester, 628 So.2d 434 (Ala. 1993), cases not cited by either party, I respectfully dissent.

Opinion of the Court

PER CURIAM.

AFFIRMED. NO OPINION.

See Rule 53(a)(1), (a)(2)(A), and (a)(2)(F), Ala. R.App. P.

HOUSTON, SEE, BROWN, and HARWOOD, JJ., concur. LYONS, J., concurs specially. STUART, J., dissents.

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