Powell v. Powell
| Decision Date | 10 July 1998 |
| Citation | 718 So.2d 80 |
| Parties | Chris POWELL v. Paula Corbin POWELL. 2970535. |
| Court | Alabama Court of Civil Appeals |
J. Myron Smith, Prattville, for appellant.
David G. Flack, Montgomery, for appellee.
In 1994, after 24 years of marriage, Paula Corbin Powell, the wife, and Chris Powell, the husband, were divorced. Over the next 3 years, the parties engaged in a line of litigation with each other. Because it is not pertainent to this appeal, we will not set out the complete procedural history of this case. However, the pertinent procedural history is as follows.
On August 4, 1997, the wife moved the court to find the husband in contempt for failing to make certain payments ordered in a judgment of January 7, 1997. The wife attempted to garnish the husband's bank account. On November 20, 1997, the father filed a petition to modify his alimony obligation and asked the court to determine the current amount of the arrearage, and to divide and allocate his Social Security benefits. On December 10, 1997, the wife filed a motion entitled "Motion for Order to Pay Money into Court," asking the court to order that certain money in the husband's bank account and certain money held by the husband be paid into the court. She also asked the court to award her half of the cost she had paid for the son's medical treatment. She claimed that the amount of arrearage was $13,893.55. On December 12, 1997, the husband filed a Chapter 7 bankruptcy petition in the United States Bankruptcy Court for the Middle District of Georgia.
The trial court held a hearing on all these matters and on January 7, 1998, entered a judgment denying the husband's petition to modify, finding that the amount of the arrearage was $19,356.05, and finding the husband in contempt of court for failing to pay the court ordered payments. The court ordered the husband to pay into court his Social Security benefit check, the cash he had on hand, and the money in his bank account. The court stated:
The court also held that the husband was not responsible for payment of non-covered medical expenses for the son. The court ordered the husband to authorize that his monthly retirement check be transferred to a bank account for payment of alimony. The court also continued the matter until February 25, 1998, to determine "how arrearage payments shall be handled in the future."
The wife filed a motion "to correct judgment." She asked the court to provide that the husband transfer his ownership of his life insurance policy to her. On February 17, 1998, the husband appealed to this court. On February 25, 1998, the trial court held a hearing, and on February 26 entered an order stating that the husband was still in bankruptcy and stating that the husband was obligated to maintain a life insurance policy on his life, but noting that that obligation was subject to the future bankruptcy ruling. Further, the court stated that "all matters complained of in the motion filed by the former wife are hereby stayed pending final ruling by the Bankruptcy Court."
"It is a well established rule that, with limited exceptions, an appeal will lie only from a final judgment which determines the issues before the court and ascertains and declares the rights of the parties involved." Taylor v. Taylor, 398 So.2d 267, 269 (Ala.1981). A ruling that relates to fewer than all the parties in a case, or that determines fewer than all the claims, is ordinarily not final as to any of the parties or as to any of the claims. Rule 54(b), Ala.R.Civ.P.; ...
To continue reading
Request your trial
-
State v. Martin
...reviewing court, on a determination that the judgment is not final, has a duty to dismiss the case on its own motion.’ Powell v. Powell, 718 So.2d 80 (Ala.Civ.App.1998).”). Finally, “[a] nonfinal judgment will not support an appeal.” Dzwonkowski v. Sonitrol of Mobile, Inc., 892 So.2d 354, 3......
-
Wallace v. Belleview Props. Corp., 1100902.
...is final is jurisdictional....” ’ ” (quoting Hinson v. Hinson, 745 So.2d 280, 281 (Ala.Civ.App.1999), quoting in turn Powell v. Powell, 718 So.2d 80, 82 (Ala.Civ.App.1998))). This is because a nonfinal judgment is interlocutory and is subject to change by a trial court, which retains jurisd......
-
Crutcher v. Williams
...appealed from is final is jurisdictional ....'" Hinson v. Hinson, 745 So.2d 280, 281 (Ala.Civ.App.1999) (quoting Powell v. Powell, 718 So.2d 80, 82 (Ala.Civ.App. 1998)). "It is a well established rule that, with limited exceptions, an appeal will lie only from a final judgment which determi......
-
Stallworth v. Stallworth
...a duty to dismiss the case on its own motion." ’ Hinson v. Hinson, 745 So.2d 280, 281 (Ala. Civ. App. 1999) (quoting Powell v. Powell, 718 So.2d 80, 82 (Ala. Civ. App. 1998) )." Swindle v. Swindle, 157 So.3d 983, 988–89 (Ala. Civ. App. 2014). A final judgment is one that resolves all issues......