# Patterson v. Patterson

> Court of Civil Appeals of Alabama · April 28, 2000 · 796 So. 2d 359

URL: https://www.frixlaw.com/law-library/cases/9937951

## Case

- **Full name:** Robert Brian Patterson v. Carol Ann Patterson. Carol Ann Patterson v. Robert Brian Patterson.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** April 28, 2000
- **Citations:** 796 So. 2d 359; 2000 WL 520526
- **Precedential status:** Published
- **Opinion:** Dissent by Crawley
- **Judges:** Crawley, Monroe
- **Cited by:** 4 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/9937951

## Opinion text

The record indicates that the trial court set the issue of the wife's request for attorney fees for a separate hearing, which was never held. Both the husband and the wife proceeded with their appeals before the date the trial court set for the hearing on the attorney fees. I conclude that both appeals are from a nonfinal judgment; and, therefore, that the appeals should be dismissed. See Goza v. Everett , 365 So.2d 658 (Ala. 1978) (holding that order which did not address all claims for relief was not a final judgment and that an appeal from such an order was due to be dismissed); see also Brown v. McConnell , 705 So.2d 476
(Ala.Civ.App. 1997) (holding that order which did not address issues of damages and attorney fees is not a final judgment); but see Holman v. Bane , 698 So.2d 117 (Ala. 1997) (holding that the trial court's judgment confirming the sale of real property and a division of the proceeds was a final judgment even though the trial court reserved the attorney-fees issue, and apparently limiting the holding to sale-for-division actions).
Thompson, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9937951. Public record. Not legal advice.