Alabama Court of Civil Appeals, 1989

Simmons v. Simmons

Simmons v. Simmons
Alabama Court of Civil Appeals · Decided June 21, 1989 · Russell, Ingram, Robertson
549 So. 2d 105; 1989 Ala. Civ. App. LEXIS 205; 1989 WL 66259 (Southern Reporter, Second Series)

Simmons v. Simmons

Opinion of the Court

RUSSELL, Judge.

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 β€œan 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.

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