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

Court of Civil Appeals of Alabama·Decided June 21, 1989·No. Civ. 6880·Published·Cited by 1 cases

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.

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

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