Legal Opinion · Concurrence

R.B.S. v. K.M.S.

Court of Civil Appeals of Alabama

Decided May 28, 2010No. 2090027Published

1ConcurrenceMoore, Judge

I reluctantly concur in the result.

The trial court entered a judgment enforcing a settlement agreement that had been reached between the parties on October 26, 2004 (“the 2004 agreement”). That agreement provided, in pertinent part:

*804“For property settlement: The wife shall have all right, title, and interest in the [Ono Island property] and husband waives all claims to the same.
“Wife shall refinance [the Ono Island property] in her separate name within 90 days of discharge of the IRS lien that is currently on the property and shall indemnify and hold harmless husband from the mortgage debt…

2Cases cited33 opinions

  1. Gajewski v. BratcherNorth Dakota Supreme Court · 1974
  2. Alfa Mut. Ins. Co. v. NorthingtonSupreme Court of Alabama · 1990
  3. O'BRYAN v. Massey-Ferguson, Inc.Court of Appeals of Kentucky (pre-1976) · 1966
  4. Baroid Equipment, Inc. v. Odeco Drilling, Inc., Texas Court of Appeals, 1st District (Houston)2006
  5. Fleetham v. SchneeklothWashington Supreme Court · 1958

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