Action to Enforce Divorce Judgment Required New Filing Fee to Vest Jurisdiction

Six years after the parties were divorced, the wife filed a motion to amend a provision in the divorce judgment that awarded her a part of the husband’s retirement benefits. The Court of Civil Appeals deemed this an independent action to enforce the divorce judgment, which should have been accompanied by the appropriate filing fee. Because the wife did not pay that fee, the circuit court never obtained jurisdiction over her action, and the orders it had entered in the case were void. The Court of Civil Appeals dismissed the appeal and instructed the circuit court to vacate its relevant orders. Montgomery v. Montgomery, No. 2080400 (Ala. Civ. App. Oct. 30, 2009).

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Adoption Without Father’s Consent Was Void

A stepfather adopted his wife’s biological child. Because the child’s father had not consented to the adoption, however, as is required by Alabama statute, the adoption judgment was void. The father’s appeal from that judgment was accordingly dismissed. M.M. v. D.P., No. 2080592 (Ala. Civ. App. Oct. 30, 2009).

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Cases Released November 6, 2009

From the Alabama Court of Civil Appeals:

Fenison v. Birmingham Spring Service, Inc., et al.

R.L.M.S. v. Etowah County Department of Human Resources

R.J.G. v. S.S.W.

Young v. Ledford

Zegarelli v. Montevallo Planning and Zoning Commission

Taylor v. Goodyear Tire & Rubber Company, Inc.

L.T. v. W.L. and T.L.

Landry v. Landry

Sims v. Sims

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte Garner; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Garner v. State of Alabama)

Ex parte Lawley et al.; Petition for Writ of Mandamus (In re: Drummond et al. v. Lawley et al.)

Ex parte Birmingham Board of Education; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Boone et al. v. Birmingham Board of Education)

Ex parte James; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: James v. State of Alabama)

Complete List of Cases from the Alabama Supreme Court