Legal Opinion · Dissent

Smith v. Smith

Court of Civil Appeals of Alabama

Decided December 2, 1994No. AV93000350Published

1DissentThigpen, Judge

My review of this record discloses ample evidence supporting the trial court’s judgment, and fails to disclose any abuse of discretion; therefore, I must respectfully dissent.

The modification of alimony based upon changed circumstances is a matter that rests soundly within a trial court’s discretion. Paajanen v. Paajanen, 600 So.2d 293 (Ala. Civ.App.1992). This court has historically given great deference to a judgment that is based upon ore tenus evidence since the trial court is in a unique position to observe the witnesses, to consider their demeanor, their apparent candor, or their…

2Cases cited5 opinions

  1. Taylor v. TaylorCourt of Civil Appeals of Alabama · 1978
  2. Ex Parte McCrackenSupreme Court of Alabama · 1991
  3. Mullins v. MullinsCourt of Civil Appeals of Alabama · 1985
  4. Benbow v. BenbowCourt of Civil Appeals of Alabama · 1992
  5. Preble v. PrebleCourt of Civil Appeals of Alabama · 1991

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