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Simmons v. Simmons

Court of Civil Appeals of Alabama
Jun 21, 1989
549 So. 2d 105 (Ala. Civ. App. 1989)

Opinion

Civ. 6880.

June 21, 1989.

Appeal from the Circuit Court, Mobile County, Charles Dodson, J.

Harry V. Simmons, pro se.

No brief for appellee.


The husband appeals from an order denying his motion to set aside a purported separation agreement. In Tidwell v. Tidwell, 496 So.2d 91 (Ala.Civ.App. 1986), this court dismissed the appeal as premature, stating that "an order enforcing such an agreement prior to the entry of a judgment of divorce is not a final judgment which can support an appeal." (Emphasis added.) In the case before us, there is no judgment of divorce. In fact, there is not any order enforcing any purported agreement. In view of Tidwell, we dismiss this appeal as premature.

APPEAL DISMISSED.

INGRAM, P.J., and ROBERTSON, J., concur.


Summaries of

Simmons v. Simmons

Court of Civil Appeals of Alabama
Jun 21, 1989
549 So. 2d 105 (Ala. Civ. App. 1989)
Case details for

Simmons v. Simmons

Case Details

Full title:Harry V. SIMMONS v. Martha Carol SIMMONS

Court:Court of Civil Appeals of Alabama

Date published: Jun 21, 1989

Citations

549 So. 2d 105 (Ala. Civ. App. 1989)