Opinion

Call v. Call

  • 135 So. 3d 254
  • 2013 Ala. Civ. App. LEXIS 142
  • 2013 WL 3242820
Court
Court of Civil Appeals of Alabama
Filed
Jun 28, 2013
Status
Published
Author
Thompson
On the bench
Donaldson, Himself, Moore, Pittman, Thomas, Thompson, Writing
Cited by
1 cases
Authority
More cited than 17.1%

The opinion

THOMPSON, Presiding Judge,

concurring in the result.

I agree with the application of the holding in Ex parte Dickson, 29 So.3d 159 (Ala.2009), to the facts of this case. I write specially to note, however, that I do not believe that, in reaching its holding in that case, our supreme court intended that the evidence presented by the parties be allowed to supplant the trial court’s discretion in determining the amount of the pay- or spouse’s estate. The determination of a right to alimony in gross and whether a payor spouse’s estate is sufficient for a payment of alimony in gross are matters within the discretion of the trial court. Shirley v. Shirley, 600 So.2d 284, 286 (Ala.Civ.App.1992); Grimsley v. Grimsley, 586 So.2d 20, 21 (Ala.Civ.App.1991); and Waid v. Waid, 540 So.2d 764, 765-66 (Ala.Civ.App.1989). In this case, I agree that the trial court erred in concluding that the husband’s current estate was sufficient to pay the alimony-in-gross award.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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