Spooner v. City of Camilla

Thirteen-year-old Ronald Butler drowned in a body of water located on property owned by the City of Camilla. Susie Spooner, temporary administratrix of the estate, sued the City on behalf of Ronald. In a separate action, Roy Walker, Ronald’s father, brought a wrongful death suit against the City.1 The City moved for summary judgment in both actions, which the trial court granted. In case number A02A0208, Spooner appeals. In case number A02A0209, Walker appeals. As Spooner and Walker collectively, the “appellants” raise identical issues, we have consolidated the cases on appeal. For reasons that follow, we affirm.

1. Before addressing the merits of the appeals, we first address appellants’ violations of this Court’s rules. The attorneys for Spooner and Walker filed two identical briefs, alleging 14 enumerations of error. Pursuant to Court of Appeals Rule 27 c 1, the sequence of arguments in the briefs should follow the order of the enumerations of error and be numbered accordingly. Here, however, the appellants’ briefs contain only three argument sections, which bear no resemblance to the errors as enumerated.