Legal Opinion

Ex parte Cato

Court of Civil Appeals of Alabama

Decided December 2, 2016No. 2150950Published

1Opinion of the Court

PITTMAN, Judge.. . Victoria Thomaston Cato (“the wife”) has petitioned this court for a writ of mandamus directing the Jefferson Circuit Court to grant the wife’s motion for leave to amend her answer to a divorce complaint, which will allow her to assert ,a counterclaim. We grant the wife’s petition in part and deny it in part.

Procedural History

The wife and William Lee Cato (“the husband”) were married in 1988. In April 2015, the husband filed a complaint requesting the trial court to divorce him from the wife and to order “a fair and equitable division of all property acquired by the parties…

2Cases cited21 opinions

  1. Ex Parte Alfab, Inc.Supreme Court of Alabama · 1991
  2. Ex Parte Ocwen Federal Bank, FSBSupreme Court of Alabama · 2003
  3. Bracy v. Sippial Elec. Co., Inc.Supreme Court of Alabama · 1980
  4. Ex Parte Liberty Nat. Life Ins. Co.Supreme Court of Alabama · 2003
  5. McElrath v. Consolidated Pipe & Supply Co.Supreme Court of Alabama · 1977

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