Jones v. Jones

• Decision Date: 04 September 1998
• Parties: Tracey JONES v. Richard JONES.
• Court: Alabama Court of Civil Appeals

722 So.2d 768

Tracey JONES v. Richard JONES.

2970410.

Court of Civil Appeals of Alabama.

September 4, 1998.

David E. Hodges, P.C., Birmingham, for appellant.

No brief filed for appellee.

HOLMES, Retired Appellate Judge.

This case involves the interpretation of a divorce judgment.

The following facts are undisputed: In February 1994 the trial court divorced the parties and entered a final judgment of divorce, which incorporated an agreement reached by the parties. Pursuant to the agreement, the wife would have sole title to the 1991 Toyota automobile, the husband would make all payments on the automobile, and the wife would pay the insurance premiums on the automobile.

In January 1997 the automobile was stolen and subsequently totaled. The Jefferson County Teachers Credit Union, which financed the automobile, accelerated the note and declared the full balance due and payable. The wife's insurance company paid a portion of the insurance proceeds to the credit union to satisfy the balance due on the note.

In May 1997 the wife filed a petition for rule nisi, requesting that the trial court hold the husband in contempt for failing to reimburse her $2,218.95, the proceeds her insurance company had paid to the credit union. Accordingly, she sought a judgment for that amount.

The trial court held a hearing on the petition for rule nisi and issued an order, dated December 5, 1997, wherein it denied the wife's requested relief. The wife subsequently filed a post-judgment motion, which the trial court denied.

The wife appeals. We note that the husband did not provide this court with a brief.

At the outset we emphasize that "[w]hen [an agreement], by its terms, is plain and free from ambiguity, it must be enforced as written." American Standard, Inc. v. Goodman Equip. Co., 578 So.2d 1083, 1085 (Ala.1991). An agreement is unambiguous if it is susceptible to only one meaning. Vainrib v. Downey, 565 So.2d 647 (Ala.1990).

Paragraph 12 of the divorce judgment states the following:

"Sole title in and to the 1991 Toyota automobile is hereby confirmed in the [wife]. [The husband] agrees to make all payments on said automobile that shall become due and payable to Jefferson County Teachers Credit Union and [to] hold [the wife] harmless from payments therein. [The wife] agrees to pay all insurance premiums and cause the insurance carrier to notify [the husband] of cancellation or nonpayment of same."

(Emphasis added.)

We find the terms of the divorce agreement to be plain, unambiguous, and susceptible to only one meaning—the husband agreed to pay the credit union all payments on the automobile that "shall become due and payable" and to hold the wife "harmless from...