Alabama Court of Civil Appeals, 1998

Towle v. Towle

Alabama Court of Civil Appeals · Decided July 24, 1998 · Crawley, Robertson, Yates, Thompson, Monroe

717 So. 2d 826; 1998 Ala. Civ. App. LEXIS 556; 1998 WL 414485 (Southern Reporter, Second Series)

Opinion of the Court

CRAWLEY, Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), A.R.App. P.; and Brewer v. Brewer, 613 So.2d 1292 (Ala.Civ.App. 1992).

The parties’ requests for an attorney fee on appeal are denied.

ROBERTSON, P.J., and YATES and THOMPSON, JJ., concur. MONROE, J., concurs in part and dissents in part.

Concurring in Part

MONROE, Judge,

concurring in part and dissenting in part.

I agree that the judgment of the trial court is due to be affirmed. However, because I would award the husband an attorney fee for having to defend this appeal that borders on being frivolous, I must respectfully dissent to the majority’s decision not to award an attorney fee on appeal.

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