Opinion

Humber v. Bjornson

  • 8 So. 3d 995
  • 2008 Ala. Civ. App. LEXIS 712
  • 2008 WL 4823001
Court
Court of Civil Appeals of Alabama
Filed
Nov 7, 2008
Status
Published
Author
Moore
On the bench
Thompson, Pittman, Bryan, Moore, Thomas
Cited by
1 cases
Authority
More cited than 17.9%

The opinion

MOORE, Judge,

concurring in part and concurring in the result in part.

I concur in the result with regard to the main opinion’s affirmance of that part of the trial court’s judgment failing to hold the former wife in contempt. As Judge Crawley noted in his special concurrence to this court’s opinion in Price v. Price, 705 So.2d 488 (Ala.Civ.App.1997), “a court can find that a party is not in contempt when he or she abides by a mutual agreement in derogation of a court order.” 705 So.2d at 490 (Crawley, J., concurring specially) (citing Hollis v. State ex rel. Hollis, 618 So.2d 1350, 1351 (Ala.Civ.App.1992)). Based on that reasoning, I conclude that the trial court did not exceed its discretion in failing to hold the former wife in contempt. As to the remaining issues addressed in the main opinion, I concur.

THOMAS, J., concurs.

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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