Richardson v. Richardson

Decision Date27 July 1988
Citation531 So.2d 1241
PartiesWilliam Rodney RICHARDSON v. Mary RICHARDSON. Civ. 6329.
CourtAlabama Court of Civil Appeals

William P. Gray, Jr., of Gray, Espy and Nettles, Tuscaloosa, for appellant.

No brief for appellee.

L. CHARLES WRIGHT, Retired Appellate Judge.

This matter was begun by the filing of a petition by a former wife for a rule nisi to enforce a divorce decree entered in 1982 by the circuit court of Tuscaloosa County, Alabama. Service of the petition was had by registered mail upon the defendant former husband in Florida. Defendant filed an answer to the petition on July 2, 1987. Notice of setting for trial on October 23 was served upon defendant by mail on July 16, 1987. Defendant, by a letter to the judge dated October 19, informed that he would be unable to appear for trial and that he was not represented by counsel. The letter was not filed with the clerk and is not included in the record before this court, but was acknowledged by the judge in open court before trial began. In the words of the judge:

"He has filed a pro se answer, as it were, to this Court dated October 19, saying that he is unable to be in Tuscaloosa, he is not able to be represented by legal counsel and he wants to have this written submission entered as his answer in response to this complaint."

There does not appear to have been a request for a continuance, although counsel on appeal submits that the court should have considered the letter to be such a request. From the record before us, in the absence of a motion for new trial setting forth valid grounds for a continuance with accompanying exhibits or affidavits, we are unable to find basis for error by the trial court. Even if there had been a proper motion for continuance, the granting of such motion is within the judicial discretion of the court. Madison v. Weldon, 446 So.2d 21 (Ala.1984). There has been no showing of an abuse of that discretion in this case. Scott Paper Co. v. Griffin, 409 So.2d 1375 (Ala.1982).

Defendant's second issue on appeal is that the trial court erred in finding an arrearage of child support without having evidence of the prior decree before it. The basis for defendant's argument on this issue is that the court committed error when it took judicial notice of its own prior decree. If that is what the court did, we find no error in its doing so. Defendant submits authority that a trial court cannot take judicial knowledge of the record of another case. We have no...

To continue reading

Request your trial
4 cases
  • EX PARTE STATE DEPT. OF HUMAN RESOURCES
    • United States
    • Alabama Supreme Court
    • April 16, 2004
    ...own prior orders in a pending case. See 2 Charles W. Gamble, McElroy's Alabama Evidence § 484.02(2) (5th ed.1996); Richardson v. Richardson, 531 So.2d 1241 (Ala.Civ.App.1988)." A.W.G., 861 So.2d at In this case, the trial court could take judicial notice of the contents of the court files t......
  • Williams v. Williams
    • United States
    • Alabama Court of Civil Appeals
    • February 24, 2012
    ...a trial court can take judicial notice of the pleadings and other materials on file in the clerk's record. See Richardson v. Richardson, 531 So.2d 1241, 1242 (Ala.Civ.App.1988). The trial court indicated that, after reviewing the materials in the clerk's files in the 2005 action, it discove......
  • AWG v. JEFFERSON COUNTY DEPT. OF HUMAN RESOURCES
    • United States
    • Alabama Court of Civil Appeals
    • April 18, 2003
    ...own prior orders in a pending case. See 2 Charles W. Gamble, McElroy's Alabama Evidence § 484.02(2) (5th ed.1996); Richardson v. Richardson, 531 So.2d 1241 (Ala.Civ.App.1988). In this case, when the trial court stated that it would take judicial notice of its prior orders—requiring the moth......
  • Waller v. Waller
    • United States
    • Alabama Court of Civil Appeals
    • November 13, 2015
    ...objection, took judicial notice of those orders by stating that it was well aware of their content. See generally Richardson v. Richardson, 531 So.2d 1241 (Ala.Civ.App.1988) (holding that, in enforcement action, court can take judicial notice of its divorce judgment). Regardless, the trial ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT