Legal Opinion · Dissent

Davis v. Davis

Court of Civil Appeals of Alabama

Decided October 16, 1985No. Civ. 4878Published

1DissentWright, Presiding Judge

I must respectfully dissent from the majority’s decision.

In this case, the parties have agreed, in their respective briefs, that because she owned the life insurance policy prior to the divorce decree, the wife still owned the policy after the decree. As there is no issue as to the ownership of the policy in question, I fail to understand how the trial court had any authority to issue any order, subsequent to the original decree, concerning a disposition of the policy.

A divorce decree dividing the parties’ property between them is not subject to modification, except for clerical errors, after…

2Cases cited5 opinions

  1. Michael v. MichaelCourt of Civil Appeals of Alabama · 1984
  2. Lacy v. LacyCourt of Civil Appeals of Alabama · 1981
  3. Tinsley v. TinsleyCourt of Civil Appeals of Alabama · 1983
  4. Parr v. ParrCourt of Civil Appeals of Alabama · 1982
  5. Bromley v. BromleyCourt of Civil Appeals of Alabama · 1984

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