Simmons v. Simmons

Court of Civil Appeals of Alabama

Simmons v. Simmons

549 So. 2d 105, 1989 Ala. Civ. App. LEXIS 205, 1989 WL 66259

CourtCourt of Civil Appeals of Alabama

DecidedJune 21, 1989

DocketCiv. 6880

StatusPublished

Cited by1 cases

This text of 549 So. 2d 105 (Simmons v. Simmons) 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

Simmons v. Simmons, 549 So. 2d 105, 1989 Ala. Civ. App. LEXIS 205, 1989 WL 66259 (Ala. Ct. App. 1989).

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Opinion

RUSSELL, Judge.

The husband appeals from an order denying his motion to set aside a purported separation agreement. In Tidwell v. Tidwell, 496 So.2d 91 (Ala.Civ.App.1986), this court dismissed the appeal as premature, stating that “an order enforcing such an agreement prior to the entry of a judgment of divorce is not a final judgment which can support an appeal.” (Emphasis added.) In the case before us, there is no judgment of divorce. In fact, there is not any order enforcing any purported agreement. In view of Tidwell, we dismiss this appeal as premature.

APPEAL DISMISSED.

INGRAM, P.J., and ROBERTSON, J., concur.

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RUSSELL, Judge.

The husband appeals from an order denying his motion to set aside a purported separation agreement. In Tidwell v. Tidwell, 496 So.2d 91 (Ala.Civ.App.1986), this court dismissed the appeal as premature, stating that “an order enforcing such an agreement prior to the entry of a judgment of divorce is not a final judgment which can support an appeal.” (Emphasis added.) In the case before us, there is no judgment of divorce. In fact, there is not any order enforcing any purported agreement. In view of Tidwell, we dismiss this appeal as premature.

APPEAL DISMISSED.

INGRAM, P.J., and ROBERTSON, J., concur.

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549 So. 2d 105, 1989 Ala. Civ. App. LEXIS 205, 1989 WL 66259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-simmons-alacivapp-1989.

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