Chapman v. Chapman

• Citation: 634 So.2d 1024
• Parties: James L. CHAPMAN, Jr. v. Viola P. CHAPMAN. AV92000624.
• Decision Date: 28 January 1994
• Court: Alabama Court of Civil Appeals

Page 1024

634 So.2d 1024

James L. CHAPMAN, Jr. v. Viola P. CHAPMAN.

AV92000624.

Court of Civil Appeals of Alabama.

Jan. 28, 1994.

Donald Hugh Jones of Jones & Jones, Birmingham, for appellant.

Viola P. Chapman, pro se.

L. CHARLES WRIGHT, Retired Appellate Judge.

The parties were divorced in February 1991. Prior to the divorce, but while separated, the parties each redeemed the same jointly-held certificate of deposit on the same date. The bank demanded that one payment be reimbursed. The issue of repayment to the bank was addressed by the trial court in its judgment of divorce. The judgment provided that the wife "settle the certificate of deposit problem" with the bank. Of further import to this appeal, the wife was awarded "all certificates of deposit in her possession," and the husband was awarded "[t]hree $1,000.00 certificates of deposit."

In September 1992 the wife filed an action in the District Court of Jefferson County to recover from the husband the money that she was required to repay to the bank on her redemption of the certificate of deposit. The district court found in favor of the wife. The husband appealed the matter to the circuit court for a trial de novo. Following proceedings without a jury, the circuit court entered the following judgment:

"The court finds that the final decree of divorce between the parties to this lawsuit does not answer the question as to the liability between the parties pertaining to the certificate of deposit in question. Consequently, the court finds that it is appropriate to make a decision based on the testimony offered at the trial of this cause on March 3, 1993. It is the judgment of the court that [the wife] is entitled to recover of [the husband] One Thousand One Hundred Twenty-Three and 71/100 Dollars ($1,123.71) and judgment is hereby entered in her behalf for that amount, together with all costs."

The husband appeals and asserts that the trial court erred in entering a judgment in favor of the wife. He insists that the circuit court was without jurisdiction to entertain the matter because the provisions contemplating the certificates of deposit were a final property settlement and therefore not modifiable.

Generally, property settlements are not modifiable. Williams v. Williams, 591 So.2d 879 (Ala.Civ.App.1991). If the provisions of a property settlement are ambiguous, one may request a clarification of the provisions. A clarification of the matter is not a modification of the judgment of divorce. Williams.

The record does not contain a transcript of the testimony. It does, however, contain a statement of the evidence, which was made pursuant to Rule 10(d), A.R.A.P. The Rule 10(d) statement indicates that...