Legal Opinion · Concurrence

Johnson v. Johnson

Court of Civil Appeals of Alabama

Decided August 14, 2015No. 2140332Published

1ConcurrenceThompson, Presiding Judge

I continue to disagree with our supreme court’s reasoning in Maddox v. Maddox, 276 Ala. 197, 160 So.2d 481 (1964), regarding pendente lite alimony arrearages. See Duerr v. Duerr, 104 So.3d 229 (Ala.Civ.App.2012) (Thompson, P.J., concurring in the result). I believe that pendente lite alimony arrearages should be treated just as pendente lite child-support arrearages are treated. However, I am compelled to concur in the result reached in the main opinion as to the alimony-arrearage issue because the decisions of our supreme court are binding precedent on this court. TenEyck v. TenEyck, 885…

2Cases cited2 opinions

  1. Maddox v. MaddoxSupreme Court of Alabama · 1964
  2. Duerr v. DuerrCourt of Civil Appeals of Alabama · 2012

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