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389 So. 2d 1156

Mack v. Mack

Court of Civil Appeals of Alabama

Decided September 24, 1980

Court of Civil Appeals of Alabama · decided 1980-09-24

Good law ✅— No negative treatment on recordhow we know

Decided 1980-09-24

How this case has been cited

Cited by 24 later decisions — most recently July 2011

24 state decisions

2201980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1ON REHEARING

¶2In this court’s original opinion, we stated that the decree of divorce was silent as to how the proceeds from the sale of the parties’ homeplace were to be divided.

¶3Able counsel for the husband, in his brief in support of rehearing points out to this court that the above is incorrect. Counsel is eminently correct. The trial court amended its decree to provide that the proceeds from the sale of the home were to be equally divided.

¶4The paragraph in question should read as follows:

¶5“The judge also ordered that certain jointly held property be sold with all encumbrances to be paid from the proceeds of the sale. This property includes the family’s residence and those household furnishings not already awarded the husband. The proceeds from the sale are to be equally divided. These proceeds should amount to approximately $90,000.”

¶6We do not find the above in any other aspect alters what we have heretofore stated.

¶7OPINION EXTENDED. APPLICATION FOR REHEARING OVERRULED.

¶8WRIGHT, P. J., and BRADLEY, J., concur.

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