Legal Opinion · Concurrence

Bearden v. DiGeronimo

Court of Civil Appeals of Alabama

Decided October 9, 2015No. 2140611Published

1ConcurrenceDonaldson, Judge

I agree with treating the appeal filed by Jill Dorian DiGeronimo (“the mother”) as a petition for the writ of mandamus.

The trial judge reviewing case no. DR-12-900777 in 2015 was presented with a quagmire based on the manner in which the case had been pleaded and presented by the parties. For example, the record shows that the October 1, 2013, “Judgment of Divorce” was not prepared by the trial court but was submitted for entry jointly by the parties through counsel. Like the trial court, I do not find anything about the October 1, 2013, judgment to be clear. To add to the uncertainty, the…

2Cases cited2 opinions

  1. Cozad v. CozadCourt of Civil Appeals of Alabama · 1979
  2. Leverett v. LeverettCourt of Civil Appeals of Alabama · 2013

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