Stephens v. Nelson

I respectfully dissent from the main opinion. Timothy Edward Stephens and Rebecca Lynn Stephens Kimbrough both filed a “motion to compel and for temporary relief and for specific acts” and asserted that the motions were filed pursuant to Rule 70, Ala. R. Civ. P. However, “ ‘[i]t is well settled that “[t]his Court will look at the substance of a motion rather than its title, to determine how that motion is to be considered under the Alabama Rules of Civil Procedure.” ’ ” Turner v. Moore, 76 So.3d 842, 844 (Ala.Civ.App.2011) (quoting Brasfield & Gorrie, LLC v. Soho Partners, LLC, 35 So.3d 601,…