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STEPHENS v. LINDSEY

87-1345.

542 So.2d 278 (1989)

Melvin Watson STEPHENS, as Guardian of Vernie H. Stephens, non compos mentis v. Charles G. LINDSEY and Betty Ann Lindsey.

Supreme Court of Alabama.

March 31, 1989.

Attorney(s) appearing for the Case

Richmond Stephens, Leeds, for appellant.

Billie Anne Tucker, LaFayette, for appellees.

ADAMS, Justice.

In Stover v. Alabama Farm Bureau Ins. Co., 467 So.2d 251 (Ala.1985), former Chief Justice Torbert wrote:

"Appellants who fail to comply with A.R. App.P. 28(a) place themselves in a perilous position. While we attempt to avoid dismissing appeals or affirming judgments on what may be seen as technicalities, we are sometimes unable to address the merits of an appellant's claim when the appellant fails...

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