# Ex Parte Murphy

> Supreme Court of Alabama · December 30, 2003 · 886 So. 2d 90

URL: https://www.frixlaw.com/law-library/cases/9937201

## Case

- **Full name:** Ex Parte James R. Murphy. (In Re James R. Murphy v. Mary J. Murphy Benvenuto).
- **Court:** Supreme Court of Alabama
- **Decided:** December 30, 2003
- **Citations:** 886 So. 2d 90; 2003 WL 23025645
- **Precedential status:** Published
- **Opinion:** Dissent by Harwood
- **Judges:** Harwood, Lyons, Rationale, Stuart
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9937201

## How later opinions describe it (automated extraction)

- holding that, when a divorce agreement is incorporated into the divorce judgment, the trial court must follow the mandates of § 30-2-55

## Opinion text

I concur in all aspects of the opinion except the following statement: "However, when Benvenuto petitioned the Russell Circuit Court to incorporate the agreement in the divorce judgment, the agreement lost its contractual nature. . . ." As I understand the relevant caselaw, the agreement would lose its contractual nature when and if it was merged into a judgment of modification. I concur in the judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9937201. Public record. Not legal advice.