Supreme Court of Alabama, 1972

Brooks v. Brooks

Brooks v. Brooks
Supreme Court of Alabama · Decided September 14, 1972 · Heflin, Merrill, Har-Wood, Maddox, Somerville
289 Ala. 186; 266 So. 2d 746; 1972 Ala. LEXIS 1043

Brooks v. Brooks

Opinion of the Court

PER CURIAM.

This appeal is from a final decree in equity, dated November 23, 1971, which overrules complainants-appellants’ application for rehearing.

The decree does not modify the original decree, which was adverse to complainants-appellants and denied them relief. In the absence of modification, the decree on rehearing is not appealable. Equity Rule 62, Recompiled Code 1958, Appendix, page 1272. Osborn v. Walker, 288 Ala. 374, 261 So.2d 47; Money v. Galloway, 236 Ala. 55(5), 181 So. 252; Whitman v. Whitman, 253 Ala. 643(3), 46 So.2d 422; Wood, Wire & Metal Lathers, Etc. v. Brown & Root, Inc., 258 Ala. 430(3), 63 So.2d 372.

The appeal is dismissed for want of jurisdiction. Money v. Galloway, supra.

The foregoing opinion was prepared by Bowen W. Simmons, Supernumerary Circuit Judge, and was adopted by the Court as its opinion.

Appeal Dismissed.

HEFLIN, C. J., and MERRILL, HAR-WOOD, MADDOX and SOMERVILLE, concur.

Concurring Opinion

HEFLIN, Chief Justice (concurring);

This case has been decided on a technicality, rather than on its merits. I reaffirm the views that I expressed in my concurring opinion in Mid-State Homes, Inc. v. Roberts, 288 Ala. 86, 257 So.2d 333.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.