Legal Opinion · Dissent

Shinnick v. Shinnick

Court of Civil Appeals of Alabama

Decided September 21, 2018No. 2170472Published

1DissentMoore, Judge

I respectfully dissent from the main opinion's affirmance of the judgment entered by the Jackson Circuit Court ("the trial court") divorcing Brian Joseph Shinnick ("the husband") and Kathryn Leann Shinnick ("the wife"). For the reasons explained below, I conclude that the trial court lacked subject-matter jurisdiction over the divorce action, and, therefore, I would dismiss the appeal with instructions to the trial court to set aside its void judgment.

Facts and Procedural History

On May 1, 2017, the husband filed in the trial court a complaint seeking a divorce from the wife. The husband…

2Cases cited11 opinions

  1. Ex Parte WeissingerSupreme Court of Alabama · 1945
  2. Nora v. NoraSupreme Court of Alabama · 1986
  3. Hilley v. HilleySupreme Court of Alabama · 1963
  4. Volin v. VolinSupreme Court of Alabama · 1961
  5. Chavis v. ChavisCourt of Civil Appeals of Alabama · 1981

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