Riley v. State ex rel. White

Citation563 So.2d 1039
PartiesLyndon Keith RILEY, Jr. v. STATE ex rel. Berdell Keith WHITE. Civ. 7331.
Decision Date25 April 1990
CourtAlabama Court of Civil Appeals

Robert M. Shipman, Huntsville, for appellant.

William Prendergast and Lois Brasfield, Asst. Attys. Gen., for appellee.

INGRAM, Presiding Judge.

After an ore tenus proceeding, the trial court entered a default judgment and found Lyndon Keith Riley, Jr. (father), to be the father of the minor child and ordered him to pay $185.00 per month child support. The father appeals.

On appeal, the father only cites Ex parte Anonymous, 414 So.2d 72 (Ala.1982), to support his contention that the trial court erred in establishing paternity. However, the issue in Anonymous was whether that case was a paternity case. Clearly, no such question is before us in the instant case. Therefore, since we find that the father has failed to cite any authority in support of his argument as required by Ala. Rules of Appellate Procedure, Rule 28, this court will not consider it. Steeley v. Dunivant, 522 So.2d 299 (Ala.Civ.App.1988).

The father also argues that the trial court erred in not continuing the paternity proceedings since he attempted to invoke relief pursuant to the Soldiers' and Sailors' Civil Relief Act (act).

" 'The Soldiers and Sailors Civil Relief Act of 1940 (in like manner with all similar previous acts in our history) was prompted by at least two considerations, first the maintenance in the armed forces of a reasonable measure of that unbothered serenity and security in respect of personal responsibilities which effectively promotes military efficiency and the national defense; and secondly, the assurance that in the field of individual justice no advantage in judicial proceedings by or against a soldier or sailor will result from his absorption in his country's defense.' "

Richardson v. First National Bank of Columbus, Georgia, 46 Ala. App. 366, 370, 242 So.2d 676, 679 (Ala.Civ.App.1970), quoting Bowsman v. Peterson, 45 F.Supp. 741 (D.Neb.1942).

Whether to grant a continuance or stay pursuant to the act is a matter which rests in the sound discretion of the trial court and will not be disturbed on appeal absent an abuse of that discretion. Martin v. Wagner, 247 Ala. 591, 25 So.2d 409 (1946).

Here, the father received personal service of the summons and complaint on October 1, 1988, at which time he was stationed at Redstone Arsenal. The father had private counsel throughout the proceedings. The trial court ordered a blood test...

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5 cases
  • KLAESER v. MILTON
    • United States
    • Alabama Court of Civil Appeals
    • March 19, 2010
    ...of the provisions of the Act will be reversed only if the trial court exceeded that discretion. See, e.g., Riley v. State ex rel. White, 563 So.2d 1039, 1040 (Ala.Civ.App.1990). Analysis I. [5] Klaeser argues that the trial court erred when it denied her Rule 60(b)(4) motion because, she sa......
  • Klaeser v. Milton, No. 2080722 (Ala. Civ. App. 1/8/2010)
    • United States
    • Alabama Court of Civil Appeals
    • January 8, 2010
    ...of the provisions of the Act will be reversed only if the trial court exceeded that discretion. See, e.g., Riley v. State ex rel. White, 563 So. 2d 1039, 1040 (Ala. Civ. App. Klaeser argues that the trial court erred when it denied her Rule 60(b) (4) motion because, she says, the child was ......
  • Bowman v. May
    • United States
    • Alabama Court of Civil Appeals
    • April 26, 1996
    ...within the discretion of the trial court. Boone v. Lightner, 319 U.S. 561, 63 S.Ct. 1223, 87 L.Ed. 1587 (1943); Riley v. State ex rel. White, 563 So.2d 1039 (Ala.Civ.App.1990). That discretion is to be "exercised cautiously, with the object in mind of giving effect to the obvious purpose of......
  • Ex parte KNL
    • United States
    • Alabama Court of Civil Appeals
    • August 8, 2003
    ...sound discretion of the trial court and will not be disturbed on appeal absent an abuse of that discretion." Riley v. State ex rel. White, 563 So.2d 1039, 1040 (Ala.Civ.App.1990)(citing Martin v. Wagner, 247 Ala. 591, 25 So.2d 409 Decisions construing the Act indicate that when a military p......
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