Public-domain · open source
OpenJurist

63 So. 3d 668

Grelier v. Grelier

Court of Civil Appeals of Alabama

Decided November 19, 2010

Court of Civil Appeals of Alabama · decided 2010-11-19

Cited by 5 later decisions — most recently February 2015

5 state decisions

Relies on 475 So. 2d 575 - Beckwith v. Beckwith · 26 So. 3d 1254 - Edwards v. Edwards

Good law ✅— No negative treatment on recordhow we know

Decided 2010-11-19

View the full empirical analysis of this case →

THOMAS, Judge,

¶1concurring in part and concurring in the result.

¶2Although I agree with all other aspects of the main opinion, I must only concur in the result insofar as the opinion reverses the trial court’s judgment because it failed to reserve the issue of permanent periodic alimony. As I explained in my opinion concurring in part and concurring in the result in part in Edwards v. Edwards, 26 So.3d 1254, 1262-63 (Ala.Civ.App.2009), I see no reason for this court to continue to require a trial court to reserve jurisdiction to award something that it has already awarded. A party receiving rehabilitative alimony may petition for a modification of that award, and thus an extension of the award, at any time before its expiration. See Beckwith v. Beckwith, 475 So.2d 575, 576-77 (Ala.Civ.App.1985).

¶3The trial court awarded the wife rehabilitative alimony for 36 months to commence the first day of the month following the closing of the sale of the former marital *676residence. Because of the time that transpired between the original appeal and this appeal after remand and the lack of evidence concerning when the marital residence was actually sold, I cannot determine whether the wife could file a timely petition seeking modification of the rehabilitative-alimony award after the conclusion of this appeal. Thus, in all fairness and because of the wife’s reliance on the longstanding legal principle that a failure to reserve the right to award permanent periodic alimony is reversible error, I cannot dissent from the main opinion’s reversal. I therefore concur in the result insofar as the main opinion reverses the trial court’s judgment on this point.

/63/so3d/668 · .json · Public domain