Legal Opinion · Concurrence

Bearden v. Murphy

Court of Civil Appeals of Alabama

Decided February 15, 2013No. 2110966Published

1ConcurrenceMoore, Judge

I concur in all respects with the main opinion’s dismissal of the appeal due to the absence of a final judgment, but I write specially to address two other aspects of the order entered by the trial court on April 25, 2012, that I believe should be noted for the guidance of the trial court.

First, the trial court’s order provides, in pertinent part:

“3. That the parties shall immediately meet and resolve the issues of custody and placement of [the child] and of child support in order to avoid a dismissal of this case.”

Although a trial court may order the parties before it to mediate their…

2Cases cited5 opinions

  1. Chandler v. WhatleySupreme Court of Alabama · 1939
  2. Murphree v. HansonSupreme Court of Alabama · 1916
  3. Montgomery v. HughesAlabama Court of Appeals · 1911
  4. Henry v. PrusakMichigan Court of Appeals · 1998
  5. S.A.N. v. S.E.N.Court of Civil Appeals of Alabama · 2008

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