Ollis v. Ollis
| Decision Date | 04 March 1994 |
| Citation | 636 So.2d 458 |
| Parties | Charles D. OLLIS v. Glenda OLLIS. AV92000561. |
| Court | Alabama Court of Civil Appeals |
W.N. Watson of Watson & Watson, Fort Payne, for appellant.
Albert L. Shumaker, Centre, for appellee.
This is a divorce case.
The wife filed a complaint for an absolute divorce (divorce a vinculo matrimonii), but later amended her complaint to request a divorce from bed and board (divorce a mensa et thoro). In October 1992, the trial court granted a divorce from bed and board, divided property, and awarded periodic alimony and attorney fees to the wife.
On October 22, 1992, the husband filed a motion to set aside that judgment, and on December 29, 1992, the trial court entered an order modifying the property division awards, but affirming all other provisions of the judgment. On January 11, 1993, the husband filed another post-judgment motion alleging, inter alia, that the trial court had erred in failing to grant an absolute divorce. On March 19, 1993, the wife filed a contempt petition, alleging that the husband was not complying with the divorce judgment, and on March 29, 1993, the trial court entered a judgment against the husband for unpaid alimony. A hearing was conducted on April 19, 1993, on the wife's contempt petition and on that portion of the husband's January 11 motion regarding alimony, which was treated as a motion to modify because of the husband's changed income. On May 11, 1993, the trial court entered an order finding the husband in contempt and reducing alimony as the result of the husband's decreased income and denying the husband's January 11 post-judgment motion. The husband filed his notice of appeal on June 1, 1993.
In Ex parte Dowling, 477 So.2d 400, 404 (Ala.1985), our Supreme Court stated:
In the case sub judice, on December 29, 1992, the trial court entered an order modifying...
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...circuit court had no jurisdiction to consider their claims, then we have no jurisdiction to consider their appeals. See Ollis v. Ollis, 636 So.2d 458 (Ala.Civ.App.1994). "In some instances, a complainant is not entitled to judicial relief ... unless the complainant has first exhausted his o......
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...the denial of a motion to reconsider, in that there is no authority for a motion to reconsider a motion to reconsider. Ollis v. Ollis, 636 So.2d 458 (Ala.Civ.App.1994). "2. That the Former Husband's Motion For Relief From Judgment is DENIED for lack of Thereafter, the husband filed a second......
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R.D.B. v. A.C.
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