Alvira v. Campbell

Court of Civil Appeals of Alabama

Alvira v. Campbell

909 So. 2d 847, 2005 Ala. Civ. App. LEXIS 149, 2005 WL 678948

CourtCourt of Civil Appeals of Alabama

DecidedMarch 25, 2005

Docket2030423

StatusPublished

Cited by3 cases

This text of 909 So. 2d 847 (Alvira v. Campbell) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alvira v. Campbell, 909 So. 2d 847, 2005 Ala. Civ. App. LEXIS 149, 2005 WL 678948 (Ala. Ct. App. 2005).

Pincite

Opinion

PITTMAN, Judge.

Heather Alvira¹ (“the mother”) married Jeffrey Steven Campbell in January 1993. During that marriage, the mother gave birth to a daughter, Caitlin Marie Campbell (“Caitlin”) in May 1993. The DeKalb Circuit Court divorced the mother and Campbell on December 1, 1994, and awarded custody of Caitlin to the mother. In February 1996, the mother married William Mark Clanton. During that marriage, the mother gave birth to a daughter, Carlee Savannah Clanton (“Savannah”). On March 3, 2000, the Cherokee Circuit Court divorced the mother and Clanton and awarded custody of Savannah to the mother.

Thereafter, Campbell and Clanton each filed separate petitions for modification of custody of their respective daughters. Although the petitions were filed in separate counties, they were tried together by a circuit judge of the Ninth Judicial Circuit, which encompasses both DeKalb County and Cherokee County; that judge thus sat as a judge of both the DeKalb Circuit Court and the Cherokee Circuit Court simultaneously. Following ore tenus proceedings, an order was entered in both cases changing custody of Caitlin from the mother to Campbell and changing custody of Savannah from the mother to Clanton. The mother was awarded specific visitation with Caitlin and Savannah. The parties were ordered to submit CS-41 income affidavits and their most recent pay stubs, and the custody order further stated that “[cjhild support will then be determined accordingly by separate order.” The record on appeal contains no further orders relating to child support. The mother filed two notices of appeal from the custo[849]*849dy order, one in each county, and this court has consolidated the two appeals.

“An appeal ordinarily lies only from a final judgment.” Tomlinson v. Tomlinson, 816 So.2d 57, 58 (Ala.Civ.App.2001). “For a judgment to be final, it must be issued by a court of competent jurisdiction and reflect a complete resolution of each and every matter in controversy.” Potter v. Owens, 535 So.2d 173, 174 (Ala.Civ.App.1988). Because the trial court’s custody-modification order did not dispose of the issue of child support and because the record on appeal does not indicate that the issue of child support was adjudicated, the modification order is not a final, appealable judgment. See Tomlinson, 816 So.2d at 58; see also Reid v. Reid, 844 So.2d 1212, 1214-15 (Ala.Civ.App.2002). This court must therefore dismiss the mother’s appeals.

APPEALS DISMISSED.

CRAWLEY, P.J., and THOMPSON, MURDOCK, and BRYAN, JJ., concur.

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PITTMAN, Judge.

Heather Alvira¹ (“the mother”) married Jeffrey Steven Campbell in January 1993. During that marriage, the mother gave birth to a daughter, Caitlin Marie Campbell (“Caitlin”) in May 1993. The DeKalb Circuit Court divorced the mother and Campbell on December 1, 1994, and awarded custody of Caitlin to the mother. In February 1996, the mother married William Mark Clanton. During that marriage, the mother gave birth to a daughter, Carlee Savannah Clanton (“Savannah”). On March 3, 2000, the Cherokee Circuit Court divorced the mother and Clanton and awarded custody of Savannah to the mother.

Thereafter, Campbell and Clanton each filed separate petitions for modification of custody of their respective daughters. Although the petitions were filed in separate counties, they were tried together by a circuit judge of the Ninth Judicial Circuit, which encompasses both DeKalb County and Cherokee County; that judge thus sat as a judge of both the DeKalb Circuit Court and the Cherokee Circuit Court simultaneously. Following ore tenus proceedings, an order was entered in both cases changing custody of Caitlin from the mother to Campbell and changing custody of Savannah from the mother to Clanton. The mother was awarded specific visitation with Caitlin and Savannah. The parties were ordered to submit CS-41 income affidavits and their most recent pay stubs, and the custody order further stated that “[cjhild support will then be determined accordingly by separate order.” The record on appeal contains no further orders relating to child support. The mother filed two notices of appeal from the custo[849]*849dy order, one in each county, and this court has consolidated the two appeals.

“An appeal ordinarily lies only from a final judgment.” Tomlinson v. Tomlinson, 816 So.2d 57, 58 (Ala.Civ.App.2001). “For a judgment to be final, it must be issued by a court of competent jurisdiction and reflect a complete resolution of each and every matter in controversy.” Potter v. Owens, 535 So.2d 173, 174 (Ala.Civ.App.1988). Because the trial court’s custody-modification order did not dispose of the issue of child support and because the record on appeal does not indicate that the issue of child support was adjudicated, the modification order is not a final, appealable judgment. See Tomlinson, 816 So.2d at 58; see also Reid v. Reid, 844 So.2d 1212, 1214-15 (Ala.Civ.App.2002). This court must therefore dismiss the mother’s appeals.

APPEALS DISMISSED.

CRAWLEY, P.J., and THOMPSON, MURDOCK, and BRYAN, JJ., concur.

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Bluebook (online)

909 So. 2d 847, 2005 Ala. Civ. App. LEXIS 149, 2005 WL 678948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvira-v-campbell-alacivapp-2005.

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