In RE PHILLIPS v. Phillips

Supreme Court of Alabama

In RE PHILLIPS v. Phillips

274 So. 2d 80, 290 Ala. 370, 1973 Ala. LEXIS 1349

CourtSupreme Court of Alabama

DecidedMarch 1, 1973

DocketSC 267

StatusPublished

Cited by3 cases

This text of 274 So. 2d 80 (In RE PHILLIPS v. Phillips) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In RE PHILLIPS v. Phillips, 274 So. 2d 80, 290 Ala. 370, 1973 Ala. LEXIS 1349 (Ala. 1973).

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Opinion

MERRILL, Justice.

The petition for writ of certiorari in this case is denied.

The petitioner is the appellee. He was successful in securing an affirmance of that part of the decision which granted a divorce to him on the ground of incompatibility. He does not contest that part of the opinion of the Court of Civil Appeals, but his petition is based on the alimony feature of the opinion, and that part of the opinion is all that is before us on this petition.

We are not intimating that we agree or disagree with what the Court of Civil Appeals, 49 Ala.App. 514, 274 So.2d 71 had to *371 say on the question of incompatibility. That will still be a question of first impression in this court if and when it is properly before us for the first time.

Writ denied.

HEFLIN, C. J., and HARWOOD, MADDOX and FAULKNER, JJ., concur.

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