Ex Parte Murphy

The main opinion relies upon Oliver v. Oliver, 431 So.2d 1271 (Ala.Civ.App. 1983), which held as follows:

"This court has said that if there is an agreement between the parties and it is not merged or superseded by the decree of the court, it remains a contract between the parties and may be enforced as any other contract. However, any part of the agreement which is merged in the decree is subject to the equity power of the court and is no longer of a contractual nature."

431 So.2d at 1275 (emphasis added).

The main opinion thereafter concludes:

"Here, when Murphy and Benvenuto executed the…