Crosslin v. Crosslin

This is a divorce case.

Following an ore tenus hearing, the trial court divorced the parties a mensa et thoro (divorce from bed and board). The trial court awarded custody of the parties' two minor children to the husband.

Following the entry of the divorce decree in March 1985, the wife filed a motion under Rule 59, Alabama Rules of Civil Procedure, to alter, amend, or vacate the decree, or, alternatively, for a rehearing. The motion was denied by operation of law under Rule 59.1, A.R.Civ.P., and the wife appealed to this court.

After filing her notice of appeal, the wife filed in the trial…