Carlisle v. Carlisle
| Decision Date | 21 April 2000 |
| Citation | 768 So.2d 976 |
| Parties | Valerie Ann CARLISLE v. Michael King CARLISLE. Michael King Carlisle v. Valerie Ann Carlisle. |
| Court | Alabama Court of Civil Appeals |
Claude D. Boone and Betsy M. Turner of Claude D. Boone, P.C., Mobile, for appellant/cross appellee Valerie Ann Carlisle.
Thomas Allen Deas, Mobile, for appellee/cross appellant Michael King Carlisle.
In May 1992, Valerie Ann Carlisle and Michael King Carlisle were divorced. The divorce judgment ordered, among other things, that the wife have sole physical custody of the minor child, that the husband pay child support, that the husband have certain visitation with the child, and that the wife provide health insurance for the child.
In August 1998, the wife petitioned for an increase in child support, for the trial court to modify the divorce judgment to require the husband, instead of her, to provide health insurance for the child, and to order the husband to pay one half of the child's uninsured medical expenses. The wife also asked the trial court to hold the husband in contempt for his failure to pay child support and to order the husband to pay the child-support arrearage and her attorney fees. The husband petitioned the trial court to modify the custody provision, so as to transfer the child's custody from the wife to him. Following the presentation of ore tenus evidence, the trial court ordered joint custody of the child, with the wife having primary physical custody,1 awarded the husband more visitation, and found that the husband had a child-support arrearage in excess of $6,000.
The wife appeals, and the husband cross-appeals. We conclude that the appeals are from a nonfinal judgment, and, thus, are due to be dismissed. An appeal ordinarily lies only from a final judgment. Ala.Code 1975, § 12-22-2; Bean v. Craig, 557 So.2d 1249, 1253 (Ala.1990). An order is generally not final unless it disposes of all claims or the rights and liabilities of all parties. Rule 54(b), Ala. R. Civ. P.; Ex parte Harris, 506 So.2d 1003, 1004 (Ala. Civ.App.1987). The only exception to this rule of finality is when the trial court directs the entry of a final judgment pursuant to Rule 54(b), Ala. R. Civ. P. This is not an instance where the trial court's failure to grant certain relief necessarily implies that the trial court denied that relief. See Dutton v. Chester F. Raines Agency, Inc., 475 So.2d 545 (Ala.1985) (). Here, the trial court did address the custody, visitation, and child-support arrearage issues. However, the trial court's resolution of these issues does not necessarily imply that the...
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