Boykin v. Drake

Decision Date27 June 1997
Citation699 So.2d 233
PartiesRichard A. BOYKIN, Jr., and Trust Company of Texas v. Ross K. DRAKE, Jr., executor of the estate of Margaret M. Boykin. 2960220.
CourtAlabama Court of Civil Appeals

Daniel G. Blackburn, Bay Minette, for Trust Company of Texas.

Thomas Allen Deas, Mobile, for appellee.

THOMPSON, Judge.

On November 3, 1995, the executor of the estate of Margaret M. Boykin filed a garnishment action in the Mobile Circuit Court against Trust Company of Texas ("Trust Company"), seeking to collect $33,726, which represented moneys allegedly owed by Richard A. Boykin, Jr., the sole income beneficiary of the "Dickie Trust." On October 10, 1996, the trial court entered a $33,726 judgment against the Dickie Trust for the support and college expenses of Helen Elizabeth Boykin, the child of Richard A. Boykin, Jr. The Trust Company appeals.

Richard A. Boykin, Jr., was divorced from Margaret M. Boykin in 1979. Margaret M. Boykin is now deceased. The garnishment action was pursued by Ross K. Drake, Jr., her executor. The Dickie Trust has previously been the subject of an appeal before this court concerning certain obligations claimed to be due from the trust for child support and alimony involving a later marriage of Richard A. Boykin, Jr. See Ex Parte Boykin, 656 So.2d 821 (Ala.Civ.App.1994) (hereinafter referred to as "Boykin I "). In Boykin I, this court determined that the Dickie Trust was a spendthrift trust. Ex parte Boykin, at 827.

On this present appeal, the Trust Company claims that the corpus of the spendthrift trust should not be subject to a judgment for unpaid child support and that the trial court's order is overly broad in that the judgment is for obligations other than child support.

The trial court's order, dated October 17, 1996, states in pertinent part,

"This cause coming on to be heard on this the 10th day of October, 1996, on the pending matters before this Court, and from the arguments of counsel for the parties, and upon consideration, it is ORDERED, ADJUDGED and DECREED by the Court as follows:

"1. The Court hereby enters a judgment in the amount of $33,726.00 against the garnishee for the support and college expenses of the child, Helen Elizabeth Boykin.

"2. The Court does also note that the attorney for the trust, Daniel Blackburn, did indicate to the Court that the 'wheels were already set in motion' to try to liquidate certain assets in the trust so that obligations of Richard A. Boykin, Jr., could be paid. It is the hope of the Court that this obligation be paid as soon as possible and that further litigation not be necessary."

As an appellate court, we cannot consider arguments raised for the first time on appeal. Our review is restricted to the...

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3 cases
  • Mullis v. Mullis
    • United States
    • Alabama Court of Civil Appeals
    • 22 June 2007
    ...another way, this court is restricted in its review to the evidence and the arguments considered by the trial court. Boykin v. Drake, 699 So.2d 233 (Ala.Civ.App.1997). "The record on appeal cannot be supplemented or enlarged by the attachment of an appendix to an appellant's brief." Goree v......
  • Goree v. Shirley
    • United States
    • Alabama Court of Civil Appeals
    • 24 March 2000
    ...as an appendix.2 This court is restricted in its review to the evidence and arguments considered by the trial court. Boykin v. Drake, 699 So.2d 233 (Ala.Civ.App.1997). Further, it is well settled that the appellant has the burden of ensuring that the record on appeal contains sufficient evi......
  • Ross v. Ferrell
    • United States
    • Alabama Court of Civil Appeals
    • 7 May 1999
    ...Alabama Supreme Court 1981575. THOMPSON, Judge. AFFIRMED. NO OPINION. See Rule 53(a)(1) and (a)(2)(E), Ala. R.App.P.; Boykin v. Drake, 699 So.2d 233 (Ala.Civ.App.1997); and Legal Systems, Inc. v. Hoover, 619 So.2d 930 (Ala.Civ.App. The Supreme Court of Alabama transferred the appeal to this......

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