Evans v. Evans

Court of Civil Appeals of Alabama

Evans v. Evans

504 So. 2d 318, 1987 Ala. Civ. App. LEXIS 1216

CourtCourt of Civil Appeals of Alabama

DecidedMarch 4, 1987

DocketCiv. 5698

StatusPublished

Cited by3 cases

This text of 504 So. 2d 318 (Evans v. Evans) 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

Evans v. Evans, 504 So. 2d 318, 1987 Ala. Civ. App. LEXIS 1216 (Ala. Ct. App. 1987).

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Opinion

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a divorce case.

The husband contends that the trial court erred in vesting title to certain real estate in the wife, in not equally dividing it when the minor children become of age, in rendering a divorce, and in granting the custody of the children to the wife. The trial court’s judgment was rendered upon the ore tenus testimony of the wife. Since no transcript of that evidence or an authorized substitute therefor is contained in the record, we are required to conclusively presume that the final judgment of the trial court was supported by the wife’s ore ten-us testimony. Maker v. Maker, 487 So.2d 948 (Ala.Civ.App.1986); Jones v. Jones, 464 So.2d 125 (Ala.Civ.App.1985). Consequently, we have no alternative but to affirm the judgment.

The foregoing opinion was prepared by Retired Circuit Judge EDWARD N. SCRUGGS while serving on active duty status as a judge of this court under the provisions of § 12-18-10(e) of the Code of Alabama of 1975, and this opinion is hereby adopted as that of the court.

AFFIRMED.

All the Judges concur.

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EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a divorce case.

The husband contends that the trial court erred in vesting title to certain real estate in the wife, in not equally dividing it when the minor children become of age, in rendering a divorce, and in granting the custody of the children to the wife. The trial court’s judgment was rendered upon the ore tenus testimony of the wife. Since no transcript of that evidence or an authorized substitute therefor is contained in the record, we are required to conclusively presume that the final judgment of the trial court was supported by the wife’s ore ten-us testimony. Maker v. Maker, 487 So.2d 948 (Ala.Civ.App.1986); Jones v. Jones, 464 So.2d 125 (Ala.Civ.App.1985). Consequently, we have no alternative but to affirm the judgment.

The foregoing opinion was prepared by Retired Circuit Judge EDWARD N. SCRUGGS while serving on active duty status as a judge of this court under the provisions of § 12-18-10(e) of the Code of Alabama of 1975, and this opinion is hereby adopted as that of the court.

AFFIRMED.

All the Judges concur.

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Bluebook (online)

504 So. 2d 318, 1987 Ala. Civ. App. LEXIS 1216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-evans-alacivapp-1987.

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