Fact Findings in Bench Trial Obviate Need For Objection or Post-Judgment Motion

A mother argued that there was insufficient evidence to support the trial court’s custody decision. She had not raised this argument in the trial court. Nonetheless, it was preserved for appeal. Because this was a bench trial, in which the trial court made factual determinations on the custody issue, the mother could challenge sufficiency on appeal without having raised it by objection or post-judgment motion below. Adams v. Adams, No. 2070895 (Ala. Civ. App. Apr. 24, 2009); see Tyson v. Tyson, No. 2070557 (Ala. Civ. App. Apr. 24, 2009)

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