Capone v. Capone

MOORE, Judge.

John S. Capone, Jr. (“the former husband”), appeals from a judgment of the Calhoun Circuit Court increasing his periodic-alimony obligation to Beverly A. Capone (“the former wife”). We reverse.

Procedural History

This is the third time these parties have been before the court. See Capone v. Capone, 962 So.2d 835 (Ala.Civ.App.2006) (“Capone /”), and Capone v. Capone, 23 So.3d 689 (Ala.Civ.App.2009) (“Capone II ”). The procedural history of this case is set forth in Capone II:

“On August 10, 2005, the Calhoun Circuit Court entered a judgment divorcing the parties based, in part, on…