Legal Opinion · Concurrence

Call v. Call

Court of Civil Appeals of Alabama

Decided June 28, 2013No. 2110497Published

1ConcurrenceThompson, Presiding Judge

I agree with the application of the holding in Ex parte Dickson, 29 So.3d 159 (Ala.2009), to the facts of this case. I write specially to note, however, that I do not believe that, in reaching its holding in that case, our supreme court intended that the evidence presented by the parties be allowed to supplant the trial court’s discretion in determining the amount of the pay- or spouse’s estate. The determination of a right to alimony in gross and whether a payor spouse’s estate is sufficient for a payment of alimony in gross are matters within the discretion of the trial court. Shirley v.…

2Cases cited2 opinions

  1. Dickson v. DicksonSupreme Court of Alabama · 2009
  2. Grimsley v. GrimsleyCourt of Civil Appeals of Alabama · 1991

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