# Higgins v. Higgins

> Court of Civil Appeals of Alabama · June 2, 2006 · 952 So. 2d 1144

URL: https://www.frixlaw.com/law-library/cases/9938550

## Case

- **Full name:** Denise D. Higgins v. Ronnie Lynn Higgins. Denise D. Higgins v. Ronnie Lynn Higgins.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** June 2, 2006
- **Citations:** 952 So. 2d 1144; 2006 WL 1529698
- **Precedential status:** Published
- **Opinion:** Concurrence by Bryan
- **Judges:** Bryan, Crawley, Murdock
- **Cited by:** 14 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/9938550

## Opinion text

To quote Justice Maddox's dissent in Harrison v. Alabama Power Co. , 371 So.2d 19 , 21 (Ala. 1979), "today's decision [regarding case no. 2040789] is too technical, and therefore, unjust." I agree with the rationale as stated in Justice Bolin's special concurrence in State v. Redtop Market, Inc. , 937 So.2d 1013 , 1016 (Ala. 2006), and posit that perhaps this case will present an opportunity for the Supreme Court of Alabama to revisit its overly technical interpretation of Rule 59.1, Ala. R. Civ. P., regarding the adequacy of language expressing consent to extend the 90-day period for ruling on a postjudgment motion. I concur in the result solely because I am constrained by the precedents and the decisions of the Supreme Court of Alabama. Quality Cas. Ins. Co. v. Ruben , [Ms. 2050042, April 14, 2006] ___ So.2d ___,___ (Ala.Civ.App. 2006) ("[the Alabama Court of Civil Appeals] is bound by the precedents established by the Supreme Court of Alabama"); see also § 12-3-16 , Ala. Code 1975.
THOMPSON, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9938550. Public record. Not legal advice.