Collier v. Collier
| Decision Date | 07 February 1997 |
| Citation | 698 So.2d 150 |
| Parties | Mark Allen COLLIER v. Joann Wheeler COLLIER. 2951059. |
| Court | Alabama Court of Civil Appeals |
Tommy Drake, Cullman, for Appellant.
Asa C. Hartwig, Cullman, for Appellee.
Following a hearing, the trial court, on May 3, 1996, divorced the parties on the grounds of incompatibility of temperament, awarding the wife custody of the parties' minor child and "all right, title, interest and possession in and to the house and one acre at 216 County Road 754, Cullman, Alabama." The court ordered the wife to "assume any and all mortgage indebtedness thereon, including the satellite dish, note, and purchase mortgage," and ordered the husband to "execute a quitclaim deed of his interest in said property to the [wife]." The husband appeals, raising two issues: 1) whether the court erred and/or abused its discretion in awarding the wife title to 216 County Road 754 because that property belongs to the husband's father and is not the marital residence; and 2) whether the court abused its discretion in awarding custody of the child to the wife.
The husband contends that the trial court abused its discretion or otherwise erred in awarding the wife title to real estate belonging to the husband's father. We agree, and we can conclude only that the court made a clerical error and stated the wrong address in its order. At the hearing, the husband testified that he was living in the basement of his parents' house, at 216 County Road 754, Cullman, Alabama. The wife testified that she was living at 609 County Road 765, Cullman County, the marital home of the parties. We reverse that portion of the judgment and remand the case for the trial court to amend its judgment to reflect the correct address of the real property awarded to the wife.
The husband next contends that the court abused its discretion in awarding custody of the parties' then six-year-old son to the wife.
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