Legal Opinion

Masisak v. Barnard

Court of Civil Appeals of Alabama

Decided March 11, 1994No. AV93000239Published

1Opinion of the Court

RICHARD L. HOLMES, Retired Appellate Judge.

In September 1993 Patrick William Masi-sak filed an injunction action in the Circuit Court of Jefferson County.

Masisak sought a preliminary injunction against Judge Joe G. Barnard in connection with a divorce decree entered by Judge Barnard in Rebecca Sparks Masisak v. Patrick William Masisak. Masisak alleged that Judge Barnard erroneously applied the “tender years” doctrine when he entered the divorce decree.

The circuit court declined to issue the preliminary injunction and dismissed the case. The circuit court cited the following as grounds for its…

2Cases cited2 opinions

  1. Pitts v. HenleyCourt of Civil Appeals of Alabama · 1980
  2. Almon v. BattlesSupreme Court of Alabama · 1989

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