Granger v. Granger
Decision Date | 06 April 2001 |
Parties | Victor Chad GRANGER v. Arlene Lillian GRANGER. |
Court | Alabama Court of Civil Appeals |
Linda F. Coats, Huntsville, for appellant.
Steven T. Marshall of McLaughlin & Marshall, L.L.C., Guntersville, for appellee.
In September 1999, after 10 years of marriage, Victor Chad Granger sued Arlene Lillian Granger for a divorce, alleging incompatibility and requesting, among other things, a division of marital property, custody of their three children, and child support. The wife answered and counter-claimed for a divorce, alleging incompatibility and requesting custody and child support, an award of an attorney fee, and a division of marital property.
On March 6, 2000, the parties and their attorneys signed a document entitled "Settlement Agreement." That document reads:
In August 2000, the trial court entered a judgment of divorce incorporating this "Settlement Agreement." The husband filed a postjudgment motion, contesting the validity of the agreement; the court denied that motion.
The husband appeals, arguing that the trial court erred by incorporating the March 2000 agreement into the final judgment. He argues that the March 6, 2000, document merely stated an "agreement to agree" on a final settlement. "[A] settlement agreement which is incorporated into a divorce [judgment] is in the nature of a contract." Smith v. Smith, 568 So.2d 838, 839 (Ala.Civ.App.1990). "The words of the agreement are to be given their ordinary meaning, and the intentions of the parties are to be derived from them." Sartin v. Sartin, 678 So.2d 1181, 1183 (Ala.Civ.App.1996). Whether an agreement is ambiguous is a legal issue to be decided by the court. Wimpee v. Wimpee, 641 So.2d 287 (Ala.Civ.App.1994). An agreement that...
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Romer v. Romer, No. 2080353 (Ala. Civ. App. 12/4/2009)
...796 So. 2d 298, 301 (Ala. 2001); Van Allen v. Van Allen, 812 So. 2d 1276, 1277 (Ala. Civ. App. 2001); and Granger v. Granger, 804 So. 2d 217, 219 (Ala. Civ. App. 2001). "Alabama appellate courts have stated that a court will not look beyond the four corners of a written instrument unless th......
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Romer v. Romer, No. 2080353 (Ala. Civ. App. 9/25/2009)
...796 So. 2d 298, 301 (Ala. 2001); Van Allen v. Van Allen, 812 So. 2d 1276, 1277 (Ala. Civ. App. 2001); and Granger v. Granger, 804 So. 2d 217, 219 (Ala. Civ. App. 2001). "Alabama appellate courts have stated that a court will not look beyond the four corners of a written instrument unless th......
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Bridges v. Bridges
...Littlepage, 796 So.2d 298, 301 (Ala.2001); Van Allen v. Van Allen, 812 So.2d 1276, 1277 (Ala.Civ.App.2001); and Granger v. Granger, 804 So.2d 217, 219 (Ala.Civ.App.2001). “Alabama appellate courts have stated that a court will not look beyond the four corners of a written instrument unless ......