Opinion

Osborn v. Walker

  • 288 Ala. 374
  • 261 So. 2d 47
  • 1972 Ala. LEXIS 1231
Court
Supreme Court of Alabama
Filed
Feb 24, 1972
Status
Published
On the bench
Heflin, Coleman, Harwood, Bloodworth, McCall, Lawson, Merrill, Maddox
Cited by
1 cases
Authority
More cited than 53.3%

The opinion

PER CURIAM.

Appellants appeal from a decree in equity, dated June 18, 1971, which overrules their application for rehearing.

The decree does not modify the decree to which the application for rehearing is addressed.

In the absence of a modification, the decree is not appealable. Equity Rule 62, *375 Recompiled Code 1958, Appendix, page 1272; Money v. Galloway, 236 Ala. 55 [5], 181 So. 252 ; Whitman v. Whitman, 253 Ala. 643 [3], 46 So.2d 422 ; Wood, Wire & Metal Lathers, etc. v. Brown & Root, Inc., 258 Ala. 430 [3], 63 So.2d 372 .

The appeal is dismissed for want of jurisdiction. Money v. Galloway, supra.

The foregoing opinion was prepared by BOWEN W. SIMMONS, Supernumerary Circuit Judge, and was adopted by the Court as its opinion.

Appeal dismissed.

HEFLIN, C. J., and COLEMAN, HARWOOD, BLOODWORTH and McCALL, JJ., concur.

Application for rehearing denied.

LAWSON, MERRILL, COLEMAN, HARWOOD, BLOODWORTH and McCALL, JJ., concur.

HEFLIN, C. J. and MADDOX, J., dissent.

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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