Legal Opinion · Concurrence

Rayford v. Rayford

Court of Civil Appeals of Alabama

Decided September 19, 1984No. Civ. 4304Published

1Concurrence

I concur with the result reached by the majority; however, I disagree with the rationale used regarding the funds spent by the mother in locating and securing the return of the children. The majority characterizes the award to the mother as costs of litigation. I consider the award to be damages.

At the outset it is important to note that the money at issue, $16,790.29, was awarded by the trial court as expenses paid by Mrs. Rayford in recovering the children. It also awarded $150.00 attorney's fees and jailed Mr. Rayford for contempt. I dissent only as to the characterization of the recovery…

2Cases cited6 opinions

  1. Plante v. EngelSupreme Court of New Hampshire · 1983
  2. Rosefield v. RosefieldCalifornia Court of Appeal · 1963
  3. Lewis v. DouglassCourt of Civil Appeals of Alabama · 1983
  4. Farmer v. StrotherCourt of Civil Appeals of Alabama · 1982
  5. Opinion of the ClerkSupreme Court of Alabama · 1981

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