Legal Opinion · Concurrence

Edwards v. Edwards

Court of Civil Appeals of Alabama

Decided July 24, 2009No. 2080125Published

1ConcurrenceThomas, Judge

I concur in the portion of the main opinion affirming the division of property. Regarding the reversal of the judgment insofar as it failed to reserve the right to award permanent periodic alimony in the future, I concur only in the result. Although I authored Giardina v. Giardina, 987 So.2d 606 (Ala.Civ.App.2008), I have reconsidered the issue whether we should reverse a judgment when the trial court fails to reserve the right to award something they have already awarded.

As I noted in Giardina, older cases decided by this court noted that an award of rehabilitative alimony could be modified…

2Cases cited4 opinions

  1. Beckwith v. BeckwithCourt of Civil Appeals of Alabama · 1985
  2. Banks v. BanksCourt of Civil Appeals of Alabama · 1976
  3. Gargis v. GargisCourt of Civil Appeals of Alabama · 1978
  4. Welch v. WelchCourt of Civil Appeals of Alabama · 1978

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