[Download] "Mae W. Tidwell v. Billy Joe Tidwell" by Court of Civil Appeals of Alabama # Book PDF Kindle ePub Free
eBook details
- Title: Mae W. Tidwell v. Billy Joe Tidwell
- Author : Court of Civil Appeals of Alabama
- Release Date : January 24, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
WRIGHT, Presiding Judge The wife appeals from a trial court order enforcing an oral separation agreement and from the denial of her motion to set aside the purported agreement. We hold 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. We therefore dismiss the appeal as premature. The facts material to our dismissal of the appeal can be summarized as follows: Billy Joe Tidwell (husband) sued Mae W. Tidwell (wife) for divorce; she answered and counterclaimed for divorce. On the day set for trial, the parties and counsel met to discuss a settlement. An oral separation agreement and property settlement was apparently reached between the parties. The trial did not take place. The husband subsequently filed a motion to have the agreement enforced. The wife filed a motion to set aside the agreement and to set the case for trial on the merits.
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