Legal Opinion

Utterback v. Utterback

Court of Civil Appeals of Alabama

Decided June 24, 1983No. Civ. 3630Published

1Opinion of the Court

WRIGHT, Presiding Judge.

This is a divorce appeal. Husband appeals claiming the trial court erred in the award of alimony, the division of marital property, and the award of an attorney’s fee to wife’s attorney. All these matters are within the sound discretion of the trial court.

Trial was ore tenus. There was evidence of repeated acts of adultery and of extreme physical abuse of wife committed by husband in addition to other evidence. The trial court’s judgment after an oral hearing is presumed correct on appeal. Dennis v. Dennis, 383 So.2d 187 (Ala.Civ. App.1980). It will not be reversed…

2Cases cited2 opinions

  1. Dennis v. DennisCourt of Civil Appeals of Alabama · 1980
  2. Cooper v. CooperCourt of Civil Appeals of Alabama · 1982

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