Ex Parte Jacobs

In reversing judgment of the Court of Civil Appeals, this Court is substituting its judgment for that of the trial judge, who saw the witnesses, heard the testimony, and was familiar with the events surrounding this controversy.

One of the issues presented here is whether the trial court's denial of the wife's second motion for a continuance was an abuse of discretion. The granting of a motion for a continuance is a matter within the discretion of the trial court.Thomas v. Southeast Alabama Sickle Cell Association, Inc.,581 So.2d 845 (Ala. 1991). The wife requested a second continuance for the…