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549 So. 2d 105

Simmons v. Simmons

Court of Civil Appeals of Alabama

Decided June 21, 1989

Court of Civil Appeals of Alabama · decided 1989-06-21

Cited by 4 later decisions — most recently November 2010

4 state decisions

Relies on 496 So. 2d 91 - Tidwell v. Tidwell

Good law ✅— No negative treatment on recordhow we know

Decided 1989-06-21

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RUSSELL, Judge.

¶1The 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.

¶2APPEAL DISMISSED.

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