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883 So. 2d 690

Johnson v. Johnson

Court of Civil Appeals of Alabama

Decided December 19, 2003

Court of Civil Appeals of Alabama · decided 2003-12-19

Cited by 1 later decisions — most recently June 2009

1 state decisions

Relies on 623 So. 2d 1171 - Newman v. State · 469 So. 2d 638 - Matter of Coleman · J.N.H. v. N.T.H.

Good law ✅— No negative treatment on recordhow we know

Decided 2003-12-19

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YATES, Presiding Judge,

¶1dissenting.

¶2I would affirm the trial court in this instance; therefore, I respectfully dissent. The husband, as the appellant in this case, has the burden of “presenting sufficient evidence in the record before this court to show an abuse of discretion by the trial court in dividing the marital estate.” J.N.H. v. N.T.H., 705 So.2d 448, 451 (Ala.Civ.App.1997), citing Newman v. State, 623 So.2d 1171 (Ala.Civ.App.1993), and In re Coleman, 469 So.2d 638 (Ala.Civ.App.1985). The husband had the opportunity to offer evidence of the value of properties divided by the trial court. The trial court should not be held in error for the husband’s failure to present this evidence.

¶3THOMPSON, J., concurs.

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