Legal Opinion · Dissent

McMullins v. McMullins

Court of Civil Appeals of Alabama

Decided January 15, 2016No. 2140536Published

1DissentThomas, Judge

I respectfully dissent. In my view, the evidence presented does not support a conclusion that Elizabeth McMullins and Larry R, McMullins failed to comport themselves in such a manner as to achieve public recognition of their status as common-law husband and wife. See Dyess v. Dyess, 94 So.3d 384, 387 (Ala.Civ.App.2012) (quoting Gray v. Bush, 835 So.2d 192, 194 (Ala.Civ.App.2001)).

I find it beyond dispute that Elizabeth elicited testimony indicating that the parties had achieved public recognition of their status as common-law husband and wife. Most persuasive to me is Larry’s deposition…

2Cases cited1 opinion

  1. Dyess v. DyessCourt of Civil Appeals of Alabama · 2012

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